Et Decision On Notice Period

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Summary

In Buckland v Bournemouth University, the Employment Tribunal (ET) decided that a 5-month notice period did not constitute affirmation of the contract. The decision was based on three main factors: duress, where Buckland felt compelled to resign; reasonable response, where the notice period was seen as appropriate given the employers breach; and contextual factors, which included the reasons and delay in resignation. These points can be applied to other cases where a longer notice period does not impact constructive dismissal claims. When defining reasonable response, consider proportionality, timeliness, and context.

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How did the ET decide that the 5 month notice period backland gave in bucklamd v Bournemouth university was not affirmation?
In *Buckland v Bournemouth University*, the Employment Tribunal (ET) decided that the *-month notice period given by Buckland did not constitute affirmation of the contract for the following reasons:
- The ET considered that Buckland was under duress and felt compelled to resign.
- It was determined that giving notice was a reasonable response to the employer's breach.
- The ET took into account the context and reasons for the delay in resignation.
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Uk
In *Buckland v Bournemouth University*, the ET's decision was based on:
- **Duress:** Buckland felt compelled to resign.
- **Reasonable Response:** Notice was seen as reasonable given the breach by the employer.
- **Contextual Factors:** Consideration of the reasons and delay in resignation.
Is there any specific aspect of the case or employment law you'd like more information on?
What can be taken from this case to use in other cases where a longer notice period doesn’t impact constructive dismissal claims??
In *Buckland v Bournemouth University*, several key points can be applied to other cases where a longer notice period does not impact constructive dismissal claims:
- **Duress:** If the employee felt compelled to resign due to the employer's conduct.
- **Reasonable Response:** The notice period is viewed as reasonable given the circumstances.
- **Contextual Factors:** Consideration of reasons and context for the delay in resignation.
Would you like more detailed information on any of these points?
How to define reasonable response
When defining "reasonable response" in the context of employment law, particularly in constructive dismissal claims, consider the following factors:
- **Proportionality:** The response should be proportionate to the employer’s breach.
- **Timeliness:** The timing of the response should be appropriate given the circumstances.
- **Context:** All relevant circumstances surrounding the employer's breach and the employee's situation should be considered.
Would you like more detailed information on any of these factors?