Benyatov v Credit Suisse Securities (Europe) Ltd

Subject Matter

EMPLOYMENT — Contract of employment — Implied term — Bank employee arrested for commercial espionage while working in Romania — Bank determining that actions in accordance with customary business practice — Employee losing Financial Conduct Authority approval after conviction in absence — Whether bank owing implied contractual duty to indemnify him for future loss of earnings due to performing duties on its behalf or unlawful enterprise on which required to embark without knowledge of unlawfulness — Whether bank owing duty of care in tort not to expose him to criminal conviction in performance of duties

[2022] EWHC 135 (QB); [2022] 4 WLR 54; [2022] ICR D11; [2022] WLR(D) 157, QBD

EMPLOYMENT — Contract of employment — Implied term — Employee of bank arrested while working in Romania and subsequently convicted of commercial espionage — Whether bank owing implied contractual duty to indemnify employee in respect of future loss of earnings arising from performing duties on its behalf or unlawful enterprise on which required to embark without knowledge of its unlawfulness — Whether bank owing duty of care in tort not to expose employee to criminal conviction in performance of duties

[2023] EWCA Civ 140; [2023] ICR 534; [2023] 3 All ER 636; [2023] IRLR 381; [2023] WLR(D) 85, CA

Appellate History