Agoreyo v London Borough of Lambeth [2017] EWHC 2019 (QB) (15 August 2017)

Agoreyo v London Borough of Lambeth [2017] EWHC 2019 (QB) (15 August 2017)

The defendant failed to consider alternatives to suspension and did not provide the claimant an opportunity to respond before suspension. Suspension was not a neutral act and was imposed as a knee-jerk reaction, breaching the implied term of trust and confidence. The defendant's conduct amounted to a breach of contract.

Citation
[2017] EWHC 2019 (QB)
Parties
Appellant/claimant: Simone Agoreyo; Respondent/defendant: London Borough of Lambeth
Jurisdiction
England and Wales
Judgment Date
15 August 2017
Procedural Posture
Appeal (civil) / Judgment on Liability Only
Outcome
Appeal allowed; judgment for claimant on liability
Legal Topics
Constructive Dismissal, Suspension of Employee, Implied Term of Trust and Confidence, Use of Reasonable Force by Teachers, Statutory Guidance Compliance
Employment Law Education Law Contract Law Constructive Dismissal Suspension of Employee Implied Term of Trust and Confidence Use of Reasonable Force by Teachers Statutory Guidance Compliance

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Parties

Simone Agoreyo

Appellant/claimant

London Borough of Lambeth

Respondent/defendant

Procedural Posture

Appeal (civil) / Judgment on Liability Only

Legal Issues

  1. 1 Whether the defendant failed to comply with statutory guidance regarding suspension and support for teachers
  2. 2 Whether such failure amounted to a breach of the implied term of trust and confidence
  3. 3 Whether there was reasonable and proper cause for suspending the claimant

Ratio Decidendi

The defendant failed to consider alternatives to suspension and did not provide the claimant an opportunity to respond before suspension. Suspension was not a neutral act and was imposed as a knee-jerk reaction, breaching the implied term of trust and confidence. The defendant's conduct amounted to a breach of contract.

Court Disposition

Appeal allowed; judgment for claimant on liability

Orders

  • Declaration that suspension breached implied term of trust and confidence
  • Remitted for assessment of causation and quantum of damages