MOrsel - Suspension: a neutral act or a shadow over an employee's competence?

In the case of Agoreyo v London Borough of Lambeth [2017] EWCH 2019 (QB), the High Court held that suspension is not a neutral act, at least in respect of qualified professionals in vocational professions and as Mr Justice Foskett put it "suspension changes the status quo from work to no work, and inevitably casts a shadow over the employee's competence".

This was an appeal against a decision made at county court level. The case involved an appellant teacher who was suspended following allegations that she had used unreasonable force against pupils in three incidents. Prior to her suspension (and resignation), she had repeatedly asked for assistance in respect of the children who had severe behavioural difficulties and a plan was eventually put in place although not fully activated prior to her suspension. It was highlighted that the police had concluded that there was no basis for any criminal proceedings against her and the she had not been barred from teaching. Mr Justice Foskett noted that the appellant had not been given the opportunity to respond to the allegations against her and that no consideration had been given to the alternatives to suspension. It was held that her suspension (which seemed to have been the default position) amounted to a breach of contract and her dismissal thus a constructive dismissal.

The case is quite fact-specific and though it is not binding in Guernsey or Jersey, it is likely that our Courts would consider it.

The case highlights the importance of:

• Carefully considering whether suspension is necessary – suspension should not be a knee jerk reaction or the default position;
• Considering possible alternatives to suspension and using suspension as a last resort; and
• Conducting some sort of reasonable investigation before deciding whether to suspend; at a minimum by speaking to the individual concerned.

As always, any decision to suspend an individual and the reasons behind it should be carefully documented.