Employemt Law

Identify and analyse the legal issues related in Buckland v Bournemouth University Higher Education Corporation [2010] EWCA Civ121. Critically evaluate the effect of this decision on the law relating to constructive dismissal.

When reviewing the case of Buckland vs. Bournemouth University it s clear to see how the case was unusual in relation to the employment laws regarding constructive dismissal. This can be said due to how it relates to the human rights laws, the ability for employees to prove their claim, the way in which the law perceives the range of reasonability in regards to fundamental breaches of employment contracts and this paper will touch on all these issues.

Until the last quarter of the 19th century the law in this country the law was mainly used to control the labour market in favour of employers but now the law plays a significant role in the development of industrial relations.

When a person is offered employment they freely enter into a contract that is between the employee and the employer and both of the parties are considered equals. However, when the employee enters into a contract they can’t usually negotiate any of the terms and conditions of employment and they seem to always be in a far weaker position than the employer is.   Thus, the relationship is unbalanced and in regulating this relationship, the law is used in favour of the employer. “Laissez faire- let us do as we wish” was the predominant influence of the
19th century. This “liberalism” (Hyman 1975), gave the employers the ability to exploit workers as they saw fit, without government interference and although contracts were entered into freely, they would invariably be on the employers’ terms.

If an employer dismisses their employee, regardless of their length of service they may complain to an employment tribunal to bring proceedings against their employer who they feel may have infringed their rights. (Lewis D 2004) An employee can take...