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.
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