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26 May 2011 / Felicia Epstein
Issue: 7467 / Categories: Features , Terms&conditions , Employment
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All in good faith

When does an employee owe fiduciary duties, asks Felicia Epstein

It has become common, in the employment context, to assert the existence of a duty of fidelity distinct from fiduciary duties. As Robert Flannigan pointed out in his article “The [Fiduciary] Duty of Fidelity” ((2008) 124 LQR 274), the duty of fidelity is an invention and “faith, good faith, fidelity and loyalty arguably are too closely associated with conventional fiduciary responsibility to serve usefully as sharp descriptors of other functions”. Perhaps for this reason, it is difficult to distinguish between an employee’s duty of fidelity and any fiduciary duties they may owe. It has been commonly stated that all employees are subject to a duty of fidelity but only those in a position with specific powers and responsibilities have fiduciary duties that would include reporting their own misconduct or that of fellow employees.

Global Risks

In Lonmar Global Risks Ltd v West and others [2011] IRLR 138 the claimant sued Tyser Limited, a competitor in the international intermediary brokering market, and

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MOVERS & SHAKERS

Thomson Hayton Winkley—Jordan Wallace

Thomson Hayton Winkley—Jordan Wallace

Thomson Hayton Winkley strengthens family law team

Ward Hadaway—Barnaby Rosenthall

Ward Hadaway—Barnaby Rosenthall

Construction lawyer returns to Ward Hadaway in Teesside role

Bird & Bird—Shahin Baghaei

Bird & Bird—Shahin Baghaei

Bird Bird hires leading legal transformation expert

NEWS
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

How forcefully can a litigant criticise a public authority before robust advocacy crosses the line into unreasonable conduct? 
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