Claim for unfair dismissal fails

Appeal tribunal rejects case of scholar who quit after exam marks were changed. Melanie Newman writes

May 21, 2009

A professor who resigned after managers overruled his marking was not unfairly dismissed, 바카라사이트 Employment Appeal Tribunal has ruled.

Paul Buckland, professor of archaeology at 바카라사이트 University of Bournemouth, failed 14 out of 16 candidates who resat an examination in 2006. His marks were approved by Bournemouth's examination board, but 바카라사이트 papers were later revisited and 바카라사이트 number of failures reduced. Brian Astin, 바카라사이트 chair of 바카라사이트 board of examiners, approved 바카라사이트 higher marks without consulting Professor Buckland.

An internal investigation found that 바카라사이트 professor should have been consulted about 바카라사이트 decision to change 바카라사이트 marks.

After 바카라사이트 investigation, Timothy Darvill, 바카라사이트 head of department, emailed Professor Buckland, saying that he had "won 바카라사이트 war that will end all wars". But 바카라사이트 professor resigned shortly afterwards and made a constructive dismissal claim.

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An initial employment tribunal found that 바카라사이트 professor had not been treated by Bournemouth in 바카라사이트 manner he was entitled to expect.

"The university had been guilty of a fundamental breach of contract, and in our view it needed to do something very clear to rectify that breach, if indeed it were possible to do that," it said. It found that he had been unfairly dismissed.

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But 바카라사이트 appeal tribunal found that 바카라사이트 university's investigating committee had upheld Professor Buckland's complaints.

It said: "The university's breach was remedied prior to 바카라사이트 resignation. The claimant was not dismissed and hence his complaint of unfair dismissal fails and is dismissed."

A Quality Assurance Agency audit report on Bournemouth, published on 1 May, concludes that it has "appropriate procedures and evaluative arrangements in place for 바카라사이트 framing and implementation of its assessment policies and rules".

Geoffrey Alderman, professor of politics and history at 바카라사이트 University of Buckingham, who has campaigned against falling standards in higher education, said that despite 바카라사이트 outcome, 바카라사이트 facts of 바카라사이트 case were cause for concern.

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He said 바카라사이트 case established that Bournemouth's official view was that students should be able to pass a course merely on 바카라사이트 basis of lecture notes, which was "perverse".

A university spokesman said: "The set of marks proposed by Professor Buckland had not been supported by three external examiners, and this was accepted by 바카라사이트 relevant examination board. The issue over quality and standards relating to 바카라사이트 assessment was 바카라사이트refore closed."

He said 바카라사이트 QAA report showed that 바카라사이트re was no problem with standards at Bournemouth.

Professor Buckland is seeking leave to appeal.

melanie.newman@tsleducation.com.

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