Employee not under implied duty to disclose allegations of misconduct in absence of express term

The EAT has upheld a tribunal’s decision that an employee was not under an express or implied duty to disclose to his employer allegations of sexual misconduct made against him while working elsewhere.

The employment contract did contain express terms requiring disclosure of misconduct in certain circumstances either during employment, or in circumstances set out in additional documents. By failing to provide these additional documents to the tribunal in evidence, the employer was unable to establish that the employee was under an express obligation to disclose his alleged wrongdoing. The EAT held that, in the absence of an express term, the employee was not under an implied duty to disclose the allegations of misconduct. (The Basildon Academies v Amadi UKEAT/0343/14.)

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