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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

Orwins—Maryam Abbasi

Orwins—Maryam Abbasi

Senior associate joins family law team in London

Tees Law—Stephen Williams

Tees Law—Stephen Williams

Firm appoints chief financial officer as it expands Essex office footprint

Winckworth Sherwood—David Fendt

Winckworth Sherwood—David Fendt

Restructuring and insolvency practice strengthened by partner hire

NEWS
A landmark ruling has delivered the first judicial application of the UK’s anti-SLAPP regime and provided fresh guidance on abusive litigation
Non-court dispute resolution is no longer an alternative in family law—it is rapidly becoming the norm
Some employment law controversies never disappear—they merely lie dormant
Pastries may be in the firing line while kebabs escape scrutiny, but the reality is far more nuanced
The fallout from Lord Mandelson’s appointment and dismissal as UK ambassador to Washington raises profound questions about constitutional governance, accountability and political appointments
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