Non-Financial misconduct – unblurring the lines

23/04/2024 | Online Zoom Conferencing

Join us for this Market Briefing where the experts from Mills & Reeve will discuss non-financial misconduct which has been an area of increasing focus over recent years. It is again high on the regulatory agenda, with the FCA’s goal being to ensure more visibility of the issue in the workplace. 

Despite that spotlight, there remains limited written guidance from the FCA about the line between employment and regulatory matters and how best to navigate these often complex issues.  This session provides an overview of the following topics: 

•    What is non-financial misconduct?
•    Why is it a regulatory issue?
•    Fitness and propriety considerations
•    Senior manager and individual conduct rules
•    The interplay between employment and regulatory considerations, including:         

  • Certification;
  • Regulatory notifications;
  • Disciplinary  processes; and
  • Regulatory references.

Learning Objectives

At the end of this session, delegates will be able to:

  • Explain what non-financial misconduct is.
  • Summarise why non-financial misconduct is a regulatory issue.
  • Identify which regulatory rules should be considered if non-financial misconduct issues arise.
  • Describe the challenges of investigating non-financial misconduct.
  • Outline further developments on the horizon.

About the Presenters

Andrew Secker Partner, Mills & Reeve

Andrew specialises in employment law and is also head of the firm’s London office. Andrew works with his clients to navigate the employment issues they face, taking into account their culture, ER strategy and approach to cost and risk. His practice covers a range of sectors, including financial services and insurance. Alongside his technical expertise, Andrew’s clients value his approachable, practical advice and ability to deliver innovative solutions.

Remziye Ozcan – Employment Lawyer, Mills & Reeve

Remziye has considerable experience in helping clients resolve employment law issues, particularly litigation and complaints, often with overlapping contractual issues. Remziye has been involved in a number of complex matters for businesses regulated by the FCA, including discrimination and whistleblowing claims, and advising on restrictive covenants and team moves. Remziye is also recognised as a rising star in the Legal 500 in 2022, 2023 and 2024.