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Suspending an Employee is not a Neutral Act

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It is quite common to suspend an employee who is accused of something which amounts to gross misconduct, to allow an investigation to take place. However, a recent ruling has found that suspending an employee is not a neutral act and could potentially be a breach of contract.

In Agoreyo v London Borough of Lambeth [2017] the employee was a school teacher who was accused of using unnecessary force when managing some difficult children. She was suspended without being asked for her response to the allegations, and without any alternative to suspension being considered. She resigned the same day, and successfully claimed constructive dismissal. She argued that the suspension was a breach of mutual trust and confidence. The High Court ruled that suspension was not a neutral act and should not be an automatic reaction to a potential disciplinary situation and, in this case, it was a breach of contract.

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If you need help and advice in suspending an employee and making sure you follow the correct employee suspension procedure then please contact sarah.tahamtani@clarionsolicitors.com

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