If the Financial Conduct Authority is to extend or confirm (depending on what you read) its remit to include non-financial misconduct and specifically bullying and harassment in its fitness and propriety assessment, then the potentially career-ending consequences for those concerned
Employment Law Worldview
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Non-financial Misconduct – A Guide for HR, Part 3 (UK): FCA’s Definition of Non-financial Misconduct
“Non-financial misconduct is misconduct, plain and simple” – that is what Christopher Woolard (former FCA director) said in 2018. Except that as it turns out, fairly predictably when dealing with shades of human behaviour, it’s not that plain, nor that simple.…
Federal Court Enjoins Federal Trade Commission’s Rule Prohibiting Non-Competition Agreements (US)
In January 2023, the U.S. Federal Trade Commission (FTC) proposed a sweeping rule that, with limited exceptions (such as for highly compensated executives or in connection with the sale of a business), would prohibit employers from entering into post-employment non-competition…
Non-financial Misconduct – A Guide for HR, Part 2 (UK): FCA Proposals – What Will They Change?
The FCA’s consultation paper (CP23/20) proposes a framework to establish and define the minimum standards expected from regulated individuals in the financial services sector. Specifically, it clarifies the FCA’s expectations around non-financial misconduct (NFM). But, if implemented, will these proposals…
New DOL Overtime Rule Goes Into Effect Nationwide For Private Employers (US)
Employers have been busy preparing and reviewing their exemptions, raising salaries, and/or making updates to their classifications to comply with the new overtime rule promulgated by the Department of Labor (DOL) that went into effect on Monday, July 1, 2024.…
New York Employment Buzz (US)
Summer is here, and while school may be out, New York employment laws are in full swing! A reminder to New York employers of new laws that have gone into effect in 2024.…
When can a workplace grievance lead to a defamation claim? (UK)
There will be few in HR who have not at some point heard an employee say that he is so incensed by something said about him the course of disciplinary or grievance procedures that he is going to sue for…
Another foot in the grave of workplace common sense? (UK)
“HMRC boss sending worker unwanted birthday card was harassment”, said the Times Online yesterday, surely a second nailed-on candidate for 2024’s No Good Deed Awards after a similar allegation earlier this year in relation to offering an older worker a…
Latest instalment on settlement agreements covering future claims (UK)
In an earlier post we looked at how far a settlement agreement could validly waive claims in respect of things which haven’t yet happened. The Scottish Court of Session in Bathgate -v- Technip UK Limited had very sensibly indicated…
Non-financial Misconduct – A Guide for HR, Part 1 (UK)
Not just more management consultancy buzz words, “non-financial misconduct” is becoming an increasingly important term for everyone working in HR in the financial services sector.
As most readers will be aware, it is the role of the FCA to ensure…