Buckland v Bournemouth University
Professor Buckland became involved in an argument with the university after unauthorised re-marking of exam scripts, resulting in alterations to scores he had originally given, and criticism of his original marking. He resigned and claimed constructive dismissal, even though an inquiry held before his resignation exonerated him.The Court of Appeal rejected the argument that there could only be a fundamental breach of contract if an employer’s actions fell outside the “range of reasonable responses”. The tribunals’ “range test” only applied to the issue of “reasonableness” where an employer dismisses an employee.
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