| Commentary

(b) Legality

| Commentary

(b)     Legality

The test for the lawfulness of a suspension is not however one of necessity; it is whether the employer had reasonable and proper cause to suspend. This is made clear by the decision of the Court of Appeal in London Borough of Lambeth v Agoreyo [2019] EWCA Civ 322, [2019] IRLR 560, [2019] ICR 1572. The claimant, a school teacher, was suspended on full pay prior to the investigation of incidents in which it was alleged that she had used excessive force against a pupil. She immediately resigned, and, lacking the service required to make a claim of constructive unfair dismissal, instead brought County Court proceedings. The County Court judge dismissed the claim,

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