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Suspension will not breach trust and confidence if there is a reasonable and proper cause

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.

 

Clarkslegal, specialist Employment lawyers in London, Reading and throughout the Thames Valley.
For further information about this or any other Employment matter please contact Clarkslegal's employment team by email at employmentunit@clarkslegal.com by telephone 020 7539 8000 (London office), 0118 958 5321 (Reading office) or by completing the form on this page.
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This information is for guidance purposes only and should not be regarded as a substitute for taking legal advice. Please refer to the full General Notices on our website.

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Louise Keenan

Louise Keenan
Associate

E: lkeenan@clarkslegal.com
T: 0118 960 4614
M: 0779 900 7325

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