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27 June 2012
Court of Appeal
Pill, Lloyd and Lewison LJJ
There is an implied duty of fidelity on employees to have regard to the interests of their employer, but this duty does not prevent employees from making plans, during their employment, to compete with the employer after their employment ends. Nor is it a breach of that duty to contact customers or potential customers of the employer with a view to obtaining business from them after employment ends. That implied duty of fidelity contrasts with the fiduciary duty of directors to subjugate their own interests to those of the employer.
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