During the recruitment process, employees owe an implied duty of confidentiality and fidelity to their employer under English Law.
These duties are then normally reinforced or extended by express terms in an employee’s contract of employment. Senior employees can also, in certain circumstances, owe fiduciary duties to act at all times in the best interests of their employer.
Breach of any of these duties can result in summary dismissal, injunctive action and/or claims in damages or, in the case of a breach of fiduciary duty, a claim for an account of profits.
Hence it is extremely important for both candidates and interviewers to understand the do’s and don’ts of interviewing, resignations and starting with a new employer.
The Somers Partnership has again worked with David Hunt, a leading HR lawyer and partner at Farrer & Co to prepare an essential guide to help candidates through the interview process.
Understanding what you can and can’t do will ensure you act in accordance with your legal obligations and also ensure that the process is handled in a way that is dignified, respectful and does not, at least unnecessarily, burn bridges – after all the wealth management industry is small……….
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