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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

Ward Hadaway—19 promotions

Ward Hadaway—19 promotions

19 promotions across national offices, including two new partners

Brabners—Ruth Hargreaves

Brabners—Ruth Hargreaves

Partner promoted to head of corporate team

Slater Heelis—Liam Hall, Jordan Bear & Joe Madigan

Slater Heelis—Liam Hall, Jordan Bear & Joe Madigan

Chester office expansion accelerates with triple appointment

NEWS
As AI chatbots increasingly provide legal and commercial advice, English law is beginning to confront who should bear responsibility when automated systems get things wrong
Businesses are facing a ‘dramatic rise in prosecution risks’ as sweeping reforms to corporate criminal liability come into force, expanding the net of who can be held responsible for wrongdoing inside organisations
The Court of Appeal’s decision in Mazur v Charles Russell Speechlys has reignited debate over what exactly counts as the ‘conduct of litigation’ in modern legal practice
A controversial High Court financial remedies ruling has reignited debate over secrecy, non-disclosure and fairness in divorce proceedings involving hidden wealth
Britain’s deferred prosecution agreement regime is undergoing a significant shift, with prosecutors placing renewed emphasis on corporate cooperation, reform and early self-reporting
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