Should I stay or should I go?

In Buckland v Bournemouth University Higher Education Corporation [2010] EWCA Civ 121, the Court of Appeal held that:

1. The test for determining whether an employer has committed a fundamental breach of the contract of employment is an objective test and not a “range of reasonable responses” test: Western Excavating v Sharp [1978] ICR 221.

2. Once an employer has committed such a breach – it cannot cure the breach while the employee is considering whether to treat it as a constructive dismissal. The employer can only try to persuade the employee to affirm the contract.