A law firm which offers more

Call us: 0113 246 0622

Suspending an Employee is not a Neutral Act


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.


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

Disclaimer: Anything posted on this blog is for general information only and is not intended to provide legal advice on any general or specific matter. Please refer to our terms and conditions for further information. Please contact the author of the blog if you would like to discuss the issues raised.