An employee's implied duty of fidelity does not require them to disclose to their employer their own or a colleague's misconduct, according to a recent High Court decision.

Recent cases have tended to suggest that employees might have a duty to disclose their own or a colleague's wrongdoing (such as an intention to breach their contract and move to a competitor), even if they do not hold a senior position. The High Court in this case ruled that the obligation to disclose only applies to those who owe a fiduciary duty as a result of their senior position or where there is an express duty to do so in the contract of employment; otherwise junior employees may only have a duty not to deliberately mislead an employer about a proposed team move. The case is being appealed. (Lonmar Global Risks v West, HC)