Updated to reflect that the Supreme Court has granted Morrisons permission to appeal the Court of Appeal's decision in WM Morrison Supermarkets plc v Various claimants.
Although a recent Court of Appeal decision concerning suspension in relation to safeguarding concerns provides an element of reassurance for employers, consultant editor Darren Newman explains why suspension should still be used only sparingly.
In London Borough of Lambeth v Agoreyo, the Court of Appeal held that the proper test for the courts for deciding if an employee's suspension breached the implied term of trust and confidence is whether or not the employer's decision to suspend was a "reasonable and proper" response to the allegations.
We discuss the implications for employers of the recent EAT decision in Awan v ICTS UK Ltd, which illustrates the risks for employers of dismissing an employee who is in receipt of permanent health insurance payments.
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.
HR and legal information and guidance relating to breach of contract.