Agoreyo v London Borough of Lambeth

Agoreyo v London Borough of Lambeth

The respondent's decision to suspend the claimant was a knee-jerk reaction, adopted as the default position without considering alternatives or seeking the claimant's response. This breached the implied term of trust and confidence, amounting to a repudiatory breach of contract and constructive dismissal.

Parties
Appellant/claimant: Simone Agoreyo; Respondent/defendant: London Borough of Lambeth
Jurisdiction
England and Wales
Judgment Date
15 August 2017
Procedural Posture
Civil Appeal / Appeal From Central London County Court on Liability Only
Outcome
appeal allowed; order of Judge Wulwik set aside; finding of repudiatory breach of contract and constructive dismissal substituted in claimant's favour
Legal Topics
Constructive Dismissal, Implied Term of Trust and Confidence, Suspension of Employees, Disciplinary Procedures, Breach of Contract
Employment Law Contract Law Constructive Dismissal Implied Term of Trust and Confidence Suspension of Employees Disciplinary Procedures Breach of Contract

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 6 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Simone Agoreyo

Appellant/claimant

London Borough of Lambeth

Respondent/defendant

Procedural Posture

Civil Appeal / Appeal From Central London County Court on Liability Only

Legal Issues

  1. 1 Whether the respondent breached the implied term of trust and confidence by suspending the claimant
  2. 2 Whether suspension was justified or a knee-jerk reaction without considering alternatives
  3. 3 Whether the claimant's resignation amounted to constructive dismissal

Ratio Decidendi

The respondent's decision to suspend the claimant was a knee-jerk reaction, adopted as the default position without considering alternatives or seeking the claimant's response. This breached the implied term of trust and confidence, amounting to a repudiatory breach of contract and constructive dismissal.

Court Disposition

appeal allowed; order of Judge Wulwik set aside; finding of repudiatory breach of contract and constructive dismissal substituted in claimant's favour

Orders

  • Issue of damages to be transferred to the High Court for assessment by a High Court judge.
  • Encouragement for parties to attempt mediation before further proceedings.