Is Suspension A Breach Of Trust And Confidence?

Can the suspension of an employee amount to a repudiatory breach of contract?

This was considered in the High Court case of Agoreyo v London Borough of Lambeth.

Legal background

The term of mutual trust and confidence is implied into all employment contracts. A repudiatory breach of this implied term may entitle an employee to resign and bring a claim for constructive dismissal.

When considering allegations of gross misconduct, employers may suspend an employee whilst it conducts its investigations. The employer must be satisfied it has reasonable and proper cause for the suspension to avoid breaching the implied term of mutual trust and confidence.

Facts

The Claimant, Ms Agoreyo, was a primary school teacher working for the London Borough of Lambeth (the Respondent). She taught a class of up to 29 children aged five and six, two of whom had behavioural issues.

The claimant faced allegations that she had used unreasonable force towards the children, including allegations that she had dragged a child out of the...