High Court Holds That Suspension Amounted to Breach of Contract

Facts

In the case of Agoreyo v London Borough of Lambeth, Ms Agoreyo was a teacher with 15 years' experience. She began working with the Respondent as a primary school teacher in November 2012 but was suspended five weeks later following allegations that she had used 'unreasonable force' in three incidents involving two children in her class who had "behavioural, emotional and social difficulties".

Shortly after receiving her suspension letter, Ms Agoreyo resigned from her role. The suspension letter described the suspension as a 'neutral act' and stated that it was "not a disciplinary sanction". Ms Agoreyo challenged the lawfulness of her suspension as being a repudiatory breach of the implied duty of trust and confidence, on the basis that it was not reasonable or necessary in the circumstances.

At first instance, the County Court held that the Respondent was 'bound' to suspend Ms Agoreyo in light of the allegations against her and subsequently dismissed her claim against the Respondent for damages for breach of contract. Ms Agoreyo appealed to the High Court.

Decision

The appeal was upheld by the High Court. In particular the High Court noted that no alternatives to suspension had been considered and that the Claimant's line manager had provisionally inquired about the first two incidents and concluded that no more than reasonable force had been used. The County Court had also erred in emphasising the School's overriding duty to protect children when the purpose of the suspension had explicitly been stated as being to ensure that the investigation could be carried out fairly.

The High Court further criticised the Respondent's approach to the allegations made against Ms Agoreyo, in particular its apparent failure to obtain her version of events prior to confirming suspension and the lack of an explanation in the suspension letter as to why an investigation could not be conducted fairly without the need for suspension. The High Court therefore concluded that suspension was the Respondent's 'default position' and was "largely a knee-jerk reaction", sufficient to constitute a breach of the implied term of trust and confidence.

Best Practice

The High Court in this case confirmed that in relation to the employment of a qualified teacher suspension is not a neutral act. Whilst different cases, involving different categories of employees, will always be judged on their facts, Ms Agoreyo's case does suggest that in cases involving qualified professionals particular care and consideration will be required before suspension is confirmed.

The case is also a useful reminder that suspension should never be a default response to alleged misconduct and that careful consideration of the facts, alternatives and aims of suspension will be required.

For more information, please contact Nick Murrell in the Employment Law team on 0117 314 5627.