What is the legal development?

In certain circumstances, employees can be required to notify their employer of their own or others’ misconduct. However, that obligation may not extend to allegations of misconduct. In a recent case, in the absence of an express term, the EAT refused to imply a term into the employment contract obliging employees to report any allegation of impropriety made against them.

The claimant worked as a tutor for an Academy and a separate College.  He was accused by a student of the College of sexually assaulting her. The claimant was suspended by the College, but did not inform the Academy (which only found out from the police).

The claimant was dismissed for failing to disclose his alternative employment, and failing to notify the Academy of the allegation against him. The dismissal was found to be unfair, despite the serious safeguarding issues that arose.

What does this mean in practice for employers?

While national standards now imposed on teachers may address this concern, it has implications for any employers who seek to oblige employees to report serious allegations made against them, or even their own misconduct or that of fellow employees.  To impose this obligation on employees, it needs to be very clearly addressed in contracts of employment and appropriate policies and procedures.  Employers cannot simply rely on an implied duty.