Constructive Dismissal - Unjustifiable and Impossible to 'Cure'

In Buckland v Bournemouth University, the Court of Appeal has clarified the law concerning the position of an employer who has committed a repudiatory breach of contract which has, in turn, led to an employee resigning from his or her post and claiming constructive dismissal.

The case concerned a university professor whose position had been undermined by his employer arranging for someone else to check his work, without his consent. As soon as it realised its mistake, the employer ordered an inquiry into how this had happened which entirely vindicated the employee. However, the employee had already given notice of his intention to resign and claim constructive dismissal.

The two issues before the EAT were –