London Borough of Lambeth v Agoreyo Posted In: Case Law
Case ReferenceEWCA Civ 322
Legal BodyEngland and Wales Court of Appeal (EWCA)
Type of Claim / JurisdictionUnfair Dismissal, Disciplinary and Grievance Issues
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  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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