Case law updates

Suspension was a breach of the implied term of mutual trust and confidence

In Agoreyo v London Borough of Lambeth a teacher was suspended because of the force she allegedly used on two children. She was not asked for her response to the allegations and there was no evidence that consideration had been given to any alternative to suspension. Agoreyo resigned the same day.

The High Court confirmed earlier case law that suspension is not a “neutral act”, particularly in the context of a qualified professional such as a teacher. Taking into account the statutory guidance for local authorities, the Court noted that a “knee-jerk” reaction must be avoided and that suspension must not be the default position. Consequently there had been a repudiatory breach of contract.