Q&As

Does a self-employed contractor owe a duty of confidentiality and fidelity to its client, eg in respect of customer lists?

read titleRead full title
Published on LexisPSL on 03/10/2018

The following Employment Q&A provides comprehensive and up to date legal information covering:

  • Does a self-employed contractor owe a duty of confidentiality and fidelity to its client, eg in respect of customer lists?

Does a self-employed contractor owe a duty of confidentiality and fidelity to its client, eg in respect of customer lists?

The first question to be determined is whether the individual concerned is genuinely self-employed. There are various considerations that should be brought to bear in determining the individual’s true status in law, see Practice Note: Deciding appropriate employment status. For further information relating to whether or not an individual is in law an employee are found in the Practice Note: Employee status.

If, on applying the relevant test, the individual is in fact an employee in law, then they would be under a duty of fidelity to the employer, which is also known as the duty of good faith, or of loyalty.

Fidelity is a broad concept containing a number of more specific duties, some of which overlap both with each other and with the duty of trust and confidence:

  1. to behave honestly

  2. not to work in

Popular documents