Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Fiduciary definition

What does Fiduciary mean? In legal practice, a fiduciary is a person or entity who undertakes to act for, and in the interests of, another, creating a relationship of trust and confidence that requires loyalty and selflessness. The scope and incidents of fiduciary duty are principally defined by case law in England & Wales and Northern Ireland and are closely aligned in Ireland; Scots law recognises equivalent fiduciary obligations notwithstanding its different doctrinal foundations. Some duties are partly codified for company directors (Companies Act 2006 (UK) and Companies Act 2014 (Ireland)), but fiduciary is otherwise a descriptive expression used across contexts. Core fiduciary duties...

In-employment restrictions and express terms in UK employment contracts: outside business activities, preparation to compete, confidentiality, best interests and disclosure duties, return of property, and restraint of trade enforceability

Published by a LexisNexis Employment expert

Practice notes

This Practice Note

This Practice Note sets out the common during-employment restrictions and express clauses used to protect an employer’s interests: limits on involvement in other business activities, steps taken towards competitive undertakings, and obligations regarding the handling of confidential information while employed.

It also examines further express provisions an employer may wish to include in the employment contract: a duty to act in the employer’s best interests, requirements to disclose breaches by the employee or others, dealing with approaches from alternative employers, and any intention to resign. Finally, it considers the enforceability of these restrictions.

Employees are also subject to certain implied duties throughout their employment. The Scope of those duties varies with seniority and whether the individual owes only a duty of fidelity or a more exacting Fiduciary duty (see Practice Note: The duty of fidelity and Fiduciary duties).

Given the uncertain boundaries of these implied obligations, some employers opt to insert express contractual terms that limit an employee’s activities during employment and reinforce the employer’s position where an employee may wish to compete whilst still employed or may face robust approaches from...

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Web page updated on 21/05/2026

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