With the Court of Appeal due to hear the appeal against the High Court decision in Agoreyo that the suspension of a teacher was a repudiatory breach of contract, consultant editor Darren Newman looks at the issue of suspension when it relates to safeguarding concerns.
In Awan v ICTS UK Ltd, the Employment Appeal Tribunal (EAT) held that an implied term of the contract of employment prohibited the employer from dismissing the employee for medical capability while he was entitled to receive long-term disability benefits.
Updated to reflect the latest guidance from HM Revenue and Customs on the taxation of payments in lieu of notice.
In Agoreyo v London Borough of Lambeth  EWHC 2019 HC, the High Court held that a teacher was constructively dismissed when she resigned in response to a knee-jerk suspension. In the circumstances of the case, the suspension had been a breach of the implied term of mutual trust and confidence entitling the employee to resign without notice.
The Employment Appeal Tribunal (EAT) has held that the employer acted in breach of the implied term to maintain trust and confidence by giving a misleading reason for the employee's dismissal.
The High Court has held that an employee had no reasonable expectation of privacy when he used his employer's computer system to create,and transmit, personal email correspondence in the course of his employment.
The High Court has held that the suspension of a teacher was a "knee-jerk" reaction and in breach of the implied term of trust and confidence between the employer and employee.
An employment tribunal has awarded £25,000 for breach of contract to an apprentice whose contract of apprenticeship, which was due to run for four years, was terminated after less than two years.
In Adesokan v Sainsbury's Supermarkets Ltd  IRLR 346 CA, the Court of Appeal held that an employee's negligent failure to act constituted gross misconduct justifying summary dismissal.
The High Court has held that two ex-employees breached their contracts of employment by misusing confidential information belonging to their former employer's business. However, the High Court found that the employer had not suffered any financial loss and that it was entitled to only nominal damages of £1 from each employee.
HR and legal information and guidance relating to breach of contract.