How to Handle Workplace Misconduct - The Key Considerations for FCA Authorised Firms

Introduction

A poorly run disciplinary process carries the risk of disgruntled employees raising complaints, grievances and DSARs; not to mention the potential for unfair dismissal, breach of contract and discrimination claims.

For FCA-regulated firms, these risks are compounded by regulatory considerations and obligations.

This new full day course will explore how FCA-regulated firms should address misconduct in an employment context - giving examples of misconduct and practical tips on how to manage fact-finding investigations, disciplinary processes and fitness and propriety assessments.

During the session we will consider the latest developments including the FCA’s consultation paper on diversity and inclusion in the financial sector, the new workplace sexual harassment legislation (the Worker Protection (Amendment of Equality Act) Act) and lessons learned from Odey Assessment Management.

The session is suitable for private practice lawyers with FCA-regulated clients as well as HR professionals and in-house lawyers in the financial services sector.

What You Will Learn

This course will cover the following:

• An overview of the FCA’s obligations and how the market is regulated
• Senior Managers and Certification Regime (‘SMCR’)
• Fitness and Propriety
• Conduct Rules
• Regulatory references
• FCA reporting requirements
• Remuneration
• Investment Firms Prudential Regime (‘IFPR’)
• Malus and clawback
• Non-financial performance metrics
• Disciplinary process (including key takeaways from Borg-Neal v Lloyds Banking Group)
• Whistleblowing (including the position after Kong v Gulf International Bank (UK) Ltd)
• Non-financial misconduct
• Training