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London Borough of Lambeth v Agoreyo [2019]

Posted In: Case Law
  • Case Reference
    EWCA Civ 322
  • Legal Body
    England and Wales Court of Appeal (EWCA)
  • Type of Claim / Jurisdiction
    Unfair Dismissal, Disciplinary and Grievance Issues
Issues covered: Unfair Dismissal; Suspension Pending Investigation; Neutral Act; Reasonable and Proper Cause

The Court of Appeal has overturned the High Court's decision on this case, which involved the resignation of a teacher, following her suspension pending investigation over allegations of using unreasonable force against two children. The High Court had ruled that suspension was not a neutral act and had concluded in the words of Smedley J in an earlier case of Mezey v South West London and St George's Mental Health NHS Trust [2007] EWCA Civ 106 that:

"… Suspension changes the status quo from work to no work, and it inevitably casts a shadow over the employee's competence. Of course this does

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This article is correct at 06/03/2019
Disclaimer:

The information in this article is provided as part of Legal-Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article.

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