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All in good faith

26 May 2011 / Felicia Epstein
Issue: 7467 / Categories: Features , Terms&conditions , Employment
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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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Gilson Gray—Linda Pope

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NEWS
The landmark Supreme Court’s decision in Johnson v FirstRand Bank Ltd—along with Rukhadze v Recovery Partners—redefine fiduciary duties in commercial fraud. Writing in NLJ this week, Mary Young of Kingsley Napley analyses the implications of the rulings
Barristers Ben Keith of 5 St Andrew’s Hill and Rhys Davies of Temple Garden Chambers use the arrest of Simon Leviev—the so-called Tinder Swindler—to explore the realities of Interpol red notices, in this week's NLJ
Mazur v Charles Russell Speechlys [2025] has upended assumptions about who may conduct litigation, warn Kevin Latham and Fraser Barnstaple of Kings Chambers in this week's NLJ. But is it as catastrophic as first feared?
Lord Sales has been appointed to become the Deputy President of the Supreme Court after Lord Hodge retires at the end of the year
Limited liability partnerships (LLPs) are reportedly in the firing line in Chancellor Rachel Reeves upcoming Autumn budget
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