22 March 2019 #Employment
We previously blogged on the High Court case of Agoreyo v London Borough of Lambeth, in which the High Court held that the suspension of a teacher was a “knee jerk reaction” which breached the implied term of trust and confidence (enabling Ms Agoreyo to resign and claim constructive dismissal).
This decision has now been overturned by the Court of Appeal. In doing so the Court of Appeal found that the High Court had adopted a test of necessity – asking whether it necessary to suspend – which was not the right test. Instead, the question was whether there was reasonable and proper cause to suspend and on the facts and it was satisfied that the original court was entitled to conclude that there was.
Employers will, no doubt, welcome this decision. Suspension should never be a knee jerk reaction or default position. However, this case suggests that if, on careful consideration it is reasonable to suspend then this should be enough, without having to show it was absolutely necessary.