Suspension of Teacher Unlawful

The High Court has held that the suspension of a teacher because of the alleged force that she had used against two children amounted to a breach of the implied term of mutual trust and confidence.

The Court held that the suspension was a ‘knee-jerk’ reaction, had been adopted as the ‘default position’ in such circumstances by the employer and there was no evidence of any consideration having been given to alternatives to suspension.

Employers should take note of this decision and always consider alternatives to suspension, with suspension being a last resort if alternatives are unacceptable.

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