Buckland v Bournemouth University Higher Education Corp

Buckland v Bournemouth University [2010] EWCA Civ 121 is a UK labour law case, concerning unfair dismissal, now governed by the Employment Rights Act 1996.

The fails were endorsed by the second marker, and confirmed by the university's examiner board, but the chair of the examiner board arranged for exam remarking and elevated some scores.

Nevertheless, Professor Buckland resigned claiming constructive dismissal.

The Employment Tribunal found the university committed a fundamental breach of good faith, not cured by the inquiry.

Sedley LJ held that, following Western Excavating (ECC) Ltd v Sharp[2] when considering whether there was a fundamental breach, an employer was not absolved if it showed its actions were within a reasonable range of responses, doubting Abbey National Plc v Fairbrother[3] and Claridge v Daler Rowney Ltd.[4] To say that what was in a reasonable range of responses would determine a fundamental breach would drive "a coach and four" through the law of contract of which employment law was an integral part.