Skip to content
CityAM
Main navigation
  • News
    • News
      • Latest Business News
      • Economics
      • Politics
      • Tech
      • Banking
      • FTSE 100 Live
      • Retail
      • Insurance
      • Legal
      • Property
      • Transport
      • Markets
    • From our partners
      • AON
      • Bayes Business School
      • Canada BIDs
      • Central London Alliance CIC
      • Destination City
      • Halkin
      • Olympia
      • Inside Saudi
      • Tottenham Hotspur Stadium
      • Santander X
      • YEAR SIX Dividend
    • Featured

      Royal Mail earnings jump despite employment cost hikes

      Royal Mail delivery van outside a postal depot, representing the £21m fine by Ofcom for late mail deliveries.

      Submit a story

      Tell us your story.

      Submit
  • Opinion
  • Sport
    • Latest Sports News
      • Sport
      • Sport Business
    • From our partners
      • The Morning Briefing: SBS x CityAM
      • Aramco Team Series
      • LIV Golf
    • Featured

      Sunderland AFC chiefs in Stadium of Light expansion talks

      Business professionals in a meeting room discussing financial strategies, with charts and documents on the table.

      Submit a story

      Tell us your story.

      Submit
  • Life&Style
    • Life&Style
      • Life&Style
      • Toast the City Awards
      • The Magazine
      • Travel
      • Culture
      • Motoring
      • Wellness
      • The RED BULLETiN
      • Do it with Shared Ownership
      • Media Speak Hub
    • Featured

      Procter & Gamble axes relationship with Kremlin propaganda channel

      007 PG news article image featuring a business meeting with executives discussing strategy at a modern conference table

      Submit a story

      Tell us your story.

      Submit
  • Investec
  • Events
  • Latest Paper
Monday 11 December 2023 2:58 pm

Lawyers warn regulator will want to send a strong message over non-financial misconduct

By: Maria Ward-Brennan

Professional Services Editor

Add as a preferred source on Google
UK regulators and prosecutors are failing to properly hold senior executives to account for acts of corporate misconduct, a new report has warned. 
The Financial Conduct Authority (FCA)

There has been an uptick in firms facing scrutiny over non-financial misconduct, say lawyers, and this won’t be slowing down anytime soon they have warned.

James Alleyne, legal director at Kingsley Napley noted, “non-financial misconduct is clearly a priority for the FCA.”

He added: “regulated firms are certainly more conscious than ever about staff behaviour in all forms.”

The Prudential Regulation Authority (PRA) and the Financial Conduct Authority (FCA) set out proposals in late September to boost diversity and inclusion to support healthy work cultures. The proposals included new rules and guidance to make clear that misconduct such as bullying and sexual harassment pose a risk to a healthy firm culture.

James Green, director at Burges Salmon noted there have been “some recent very serious instances of misconduct where the regulator is taking action.” He added, “firms would expect this type of behaviour to merit strong action from the regulator”. 

However, he pointed out that what is “challenging for firms” is the way less serious conduct is potentially being scoped in with these rules. He explained that in some cases firms may have to make “moral judgements about the behaviour of their staff.”

Alleyne added: “Although to date we have not seen any businesses being penalised by the regulator for non-financial misconduct by their staff, with a range of new rules expected in this area in 2024, it is certainly something that is likely to happen sooner rather than later.”

Green said one thing the regulator is very clear about is “conduct outside work is relevant to fitness and propriety, so the standards that the regulator expects senior people in financial services firms to uphold.” 

Read more

Former Lloyd’s DEI leader left Beazley over non-financial misconduct allegations

Beazley 2026 business forecast graph with financial data and growth trends displayed for February 24 analysis

He explained the regulator has stated that behaviour outside the workplace which is “disgraceful or morally reprehensible”, should be a regulatory issue, which he pointed out is a “type of language that carries a real subjective judgement and risk of inconsistency.” He added that as cultures are very different at each firm, he knows “this represents a real difficulty for firms” who are being asked to make those types of judgments without clear guidance on how this should be done.

Alleyne explained that “with new rules expected next year, in time we will see outcomes which make clear both the regulator’s expectations and also how far it is willing to push at the boundaries of its powers.”

“By bringing these cases, the FCA will want to send a strong message to firms that non-financial misconduct needs to be taken as seriously as financial misconduct,” he added.

Green advised that firms should be “proactive” as this is coming down the track. He said firms should make sure employees are trained and aware of the required standards. He noted that firms should be having discussions about how they might deal with difficult issues.

He added firms might consider having a “cultural audit” to take a proactive look at its culture and how people feed into its workplace.

Alleyne added: “Firms should be very closely scrutinising the FCA’s recent Consultation Paper “Diversity and inclusion in the financial sector” and proactively considering what changes they will need to make to their internal governance to get ahead of the curve.”

“This may involve refreshing their codes of ethics and conduct, staff handbooks, training programmes, fitness and propriety assessments and whistleblowing procedures,” he added. 

It is worth noting it is not only the FCA that firms have to keep an eye out for. Last week the CEO of specialist insurance CFC Group and the CEO of CFC Underwriting were announced to be leaving the business after an investigation by Lloyd’s into allegations of non-financial misconduct.

Read more

Banks ‘not ready’ for motor finance scheme, says City watchdog

Nikhil Rathi, chief executive of the FCA.

Share this article

  • Facebook
  • X
  • LinkedIn
  • WhatsApp
  • Email

Similarly tagged content:

Sections

  • News

Categories

  • Business
  • Legal

Related Topics

  • FCA

Trending Articles

  • Who could be Andy Burnham’s Chancellor? 

  • As it happened: FTSE 100 finishes higher as US-Iran talks progress and Starmer resigns; Space X shares fall after bond sale

  • Starmer will resign, Trump says

  • Coca-Cola brings in restructuring lineup over failed Costa sale

  • Ocado to replace founder Steiner as shares plunge 

More from CityAM

  • Former Lloyd’s DEI leader left Beazley over non-financial misconduct allegations

    Insurance
    Beazley 2026 business forecast graph with financial data and growth trends displayed for February 24 analysis
  • Banks ‘not ready’ for motor finance scheme, says City watchdog

    Banking
    Nikhil Rathi, chief executive of the FCA.
  • ‘Very concerned’: City watchdog scolds motor finance lenders over £9bn redress scheme

    Banking
    FCA sign
  • City law firms ‘sleepwalking into a crisis’ over AI overreliance

    Legal
    Generative AI technology transforming business insights with advanced data analytics on digital interface
  • Watchdog opens probe into auditors of collapsed lender MFS

    Accountancy
    (Photo by Leon Neal/Getty Images)
  • Motor finance revs up City watchdog’s PR spend

    Regulation
    Close Brothers has been swallowed up in the motor finance saga.
  • Ex-Lush chief’s lawyers hike costs to ensure their AI model isn’t trained by juniors

    Legal
    Law firms are increasingly deploying AI
  • City law firm boosts junior lawyer salaries to £189k in London

    Legal
    Getty Images logo displayed on a digital screen, symbolizing media and photography industry presence on a business platform

CityAM Canada — business, markets and opinion for Canadian readers.

Sections

  • Business
  • Markets
  • Tech
  • AI
  • Economics
  • Opinion
  • Cities

Company

  • About
  • Contact

Legal

  • Terms of Use
  • Privacy Policy
  • Cookie Policy
© 2026 CityAM Canada. All rights reserved.
Terms · Privacy · Cookies