UK: Contractual duties - no implied duty to disclose allegations of own misconduct

Employers wishing to ensure employees are subject to a duty to disclose allegations of sexual or other misconduct outside of that employment should include an express duty in the employment contract. A recent case has confirmed that such a duty will not be implied: save in limited cases where there is a fiduciary duty, an employee is not under an implied duty to report his own actual or alleged wrongdoings. In Basildon Academies v Amadi a tutor with two separate employments was under no express or implied duty to disclose to one employer an allegation of sexual assault in the course of his other employment.