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Social movements such as #MeToo and #BlackLivesMatter have placed a spotlight on non-financial misconduct and empowered individuals to report wrongdoing. The focus has also leaked into the financial services industry, with The Financial Conduct Authority (FCA) releasing a number of statements in recent years highlighting the importance that it attaches to non-financial misconduct and the impact it may have on fitness and propriety assessments and a speak-up culture.
It is clear that the FCA expects firms to play a role in self-regulating these issues, yet it has refrained from issuing guidance to assist firms in navigating these thorny issues and to promote consistency and clarity of decision-making across the industry.
Typically, instances of non-financial misconduct are nuanced, and any assessment is highly fact specific, which brings with it a level of uncertainty. Additional complexities arise when misconduct is not directly connected to an individual’s role and responsibilities or where it occurs outside of the workplace.
Firms are therefore finding themselves on the front line policing non-financial misconduct in circumstances where the boundaries as to when non-financial misconduct is capable of attracting regulatory findings remains unclear.
This interactive session is designed to provide insight as to how to recognise and manage allegations of non-financial misconduct. It will explore the types of misconduct that firms may be faced with and unpack the regulatory landscape, including relevant considerations by reference to published decisions. Those matters will be brought to life within interactive scenarios during which best practice and soundings from the legal sector will be explored.
This training is also available as an in-house programme, which means you can tailor it to exactly what you and your colleagues require. Pricing for in-house will depend on what is required. Enquire about this option by contacting our training team.
Partner, TLT
James specialises in complex banking and financial services litigation, recoveries and professional negligence. James has a particular specialism in s...
James specialises in complex banking and financial services litigation, recoveries and professional negligence. James has a particular specialism in secured litigation and recovery strategy. His understanding of the issues underpinning his banking clients' problems enables him to provide tactical, commercial and pragmatic advice. As a consequence James has advised some of the most high profile UK lenders on key projects affecting their portfolios. James is a litigator with diverse experience including specialist real estate and commercial litigation claims. He is well-versed in alternative dispute resolution including mediation.
Chantal specialises in financial services related disputes and contentious financial services regulatory matters. She has experience in a number of ...
Chantal specialises in financial services related disputes and contentious financial services regulatory matters.
She has experience in a number of finance related disputes including debt recovery, mis-selling of financial products, breach of contract, issues of fraud, negligence and enforcement pursuant to the Consumer Credit Act 1974 and 2006.
She advises financial institutions in relation to investigations and enforcement action by the FCA. Her experience includes acting for a major banking client in its customer redress process arising out of the sale of interest rate hedging products and acting for a major clearing bank on a significant investigation into the treatment of SMEs during the economic downturn.
Chantal also advises clients on matters relating to financial crime compliance.
Prior to joining TLT LLP, Chantal spent time on secondment in the litigation and regulatory team at two major retail banks.
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