New rules from the Financial Conduct Authority (FCA) regarding non-financial misconduct, including bullying and harassment, are now in effect for approximately 37,000 non-banking firms. This follows years of consultation and industry feedback.
The regulator's new regime clarifies that issues such as bullying, harassment, discrimination, and other serious inappropriate conduct cannot be treated solely as HR matters if they have regulatory relevance. Non-financial misconduct is defined as any unwanted behaviour that makes a colleague feel unsafe, uncomfortable, disrespected, or involves violence, without needing to be linked to factors like age, race, or sex.
Lawyers indicate that the new rules are not retrospective, meaning the FCA will not launch actions based on historical conduct rule breaches. However, firms are expected to face scrutiny from today, with the focus likely on whether they can demonstrate reasonable steps taken to prepare, train staff, update policies, and establish a credible framework for addressing incidents.
The scope of 'work-related' conduct can extend beyond office hours to include firm socials, client dinners, or industry conferences, where there is a link to an individual's role. Firms are not expected to monitor private lives.