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Employer had reasonable and proper cause to suspend a teacher after allegations of force involving children

Makbool Javaid

In London Borough of Lambeth v Agoreyo, the Court of Appeal confirmed the test to be applied when deciding whether it is reasonable to suspend an employee pending further investigation into allegations of misconduct. ‘A’ was suspended pending further investigation into the force she used in three incidents involving two children with particular behavioural issues. ‘A’ resigned in response claiming a contractual breach of the implied term of trust and confidence. The Court held there had been no breach of contract. It was obvious that the allegations of misconduct were serious and needed to be investigated. The test is not whether it is necessary to suspend an employee. The ‘only test’ is whether there was reasonable and proper cause to suspend an employee. Bearing in mind the employer had to safeguard the interests of very young children, the employer had reasonable and proper cause for the suspension in this case.

The updates are kindly provided by Simons Muirhead & Burton Law firm

This update provides summary information and comment on the subject areas covered. Where employment tribunal and appellate court cases are reported, the information does not set out all of the facts, the legal arguments presented and help judgments made in every aspect of the case. Click on the links to access full details. If no link is provided, contact us for more information.  Employment law is subject to constant change either by statute or by interpretation by the courts. While every care has been taken in compiling this information, SM&B cannot be held responsible for any errors or omissions. Specialist legal advice must be taken on any legal issues that may arise before embarking upon any formal course of action.


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