City firms face FCA clampdown on bullying and harassment

The Financial Conduct Authority (FCA) is set to extend its scrutiny of non-financial misconduct, including allegations of bullying and harassment, among staff at city firms. These new rules will come into effect on Tuesday for approximately 37,000 non-bank firms in the UK. Amy Bird, a partner at Clifford Chance, emphasized that issues such as bullying, harassment, and discrimination cannot be dismissed as mere HR matters if they have regulatory relevance.

The regulations, which have undergone extensive consultation and revisions, define non-financial misconduct as any unwanted behavior that makes a colleague feel unsafe, uncomfortable, or disrespected, or involves violence. This definition differs from the Equality Act 2010, which requires the behavior to be linked to protected characteristics such as age, race, or sex.

The FCA's move comes in response to regulatory rulings against disgraced financier Crispin Odey and former Barclays CEO Jes Staley, as well as a surge in reports of conduct breaches to the watchdog. While the new rules are not retrospective, lawyers warn that firms must demonstrate they took reasonable steps to prepare for the changes, including updating policies, training staff, and having a credible framework for identifying and addressing incidents.

The FCA is expected to focus on supervision rather than early enforcement, but firms should still be prepared for scrutiny from day one. Lawyers advise that City firms must align HR, legal, compliance, and senior management teams to ensure compliance with the new rules.