Unsolicited telephone calls misusing our name - We do not nuisance cold call -
Have a question? Call us on 0800 1979 345
This article was published on August 10th, 2015
There is no general duty on employees to tell their employer about misconduct or other past wrongdoings that they may (or may not) have been involved in. Some senior staff – directors, for example – owe fiduciary duties, and this puts them in a separate category of employees who are obliged to make these sorts of disclosures. For other members of staff, the wording of their contract tends to be the starting point when considering if there is such a duty. But what if the contact is silent or doesn’t go far enough? Can terms be implied?
Mr Amadi was a part-time tutor at the Academies. He worked at another College at the same time, where allegations of sexual assault were made against him. He was arrested, but not prosecuted, and went on to be dismissed by the Academies for not revealing (1) that he was also working at the other College; and (2) the sexual misconduct allegations.
He was held to have been unfairly dismissed, but had contributed to his dismissal by not coming clean about having the job at the other College. Had he been under a duty to reveal the misconduct allegations? No, said the Employment Appeal Tribunal (EAT). There was no express term in his contract requiring Mr Amadi to report an allegation which he didn’t believe to be true and had no reasonable ground to believe was true. So it had come down to whether or not a term could be implied. The EAT made clear that there is no implied duty on an employee to disclose an allegation, however ill-founded, of impropriety against him.
The lesson for employers? Think about the express terms in your contracts. If you are keen to encourage staff to tell you about their misconduct, you should provide for this in the contract. Make sure that terms are wide enough to cover everything you need them to, perhaps including actual and alleged misconduct relating to an employee’s employment with you and to any other job they carry out. Setting things out in black and white offers good protection.
Please contact a member of the Employment Team if you would like to find out more or to discuss your circumstances further. You can also contact Mark Bestley on 01625 507571 or 07825 081 856 or email on [email protected]
This website privacy notice sets out how Thorneycroft Solicitors uses and protects any information that you give Thorneycroft Solicitors when you use this website.
Thorneycroft Solicitors is committed to ensuring that your privacy is protected. Should we ask you to provide certain information by which you can be identified when using this website, then you can be assured that it will only be used in accordance with this privacy statement.
Thorneycroft Solicitors may change this policy from time to time by updating this page. You should check this page from time to time to ensure that you are happy with any changes. This policy is effective from 01/05/2018.
What we collect
We may collect the following information:
We will collect the information directly from you via completion of our enquiry form on the website.
What we do with the information we gather
We require this information to understand your needs and provide you with a better service, and in particular for the following reasons:
We will also collect and process your personal data if you have consented to receiving marketing in respect of our services. You are able to unsubscribe or withdraw your consent at any time by emailing [email protected] or writing to ‘Marketing’ at Thorneycroft Solicitors, 9a Bridge Street Mills, Bridge Street, Macclesfield, Cheshire SK11 6QA.
We are committed to ensuring that your information is secure. In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online.
If you do not instruct us in relation to your legal matter, your personal details will be retained for a period of 12 months.
If we are instructed in relation to your legal matter, we will keep it in line with our data retention periods. Details of our retention period for your legal matter can be found within our Client Care Letter and/or Terms of Business, under the heading file retention.
Links to other websites
Our website may contain links to other websites of interest. However, once you have used these links to leave our site, you should note that we do not have any control over that other website. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by this privacy statement. You should exercise caution and look at the privacy statement applicable to the website in question.
You can set preferences for how Google advertises to you using the Google Ad Preferences page, and if you want to you can opt out of interest-based advertising entirely by cookie settings or permanently using a browser plugin.×