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
Dismissal, Discipline and Grievance
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 not mean that it cannot be done, but it is not a neutral act. …"
The Court of Appeal has found that
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