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Employee Misconduct United Kingdom

WilmerHale

New FCA Rules on Non-Financial Misconduct

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Last week, the FCA published its long-awaited policy statement containing amendments to the FCA’s Code of Conduct (“COCON”) aimed at combatting non-financial misconduct (“NFM”). NFM can amount to a breach of FCA rules in any...more

Goodwin

FCA Non-Financial Misconduct Rules: Private Fund Managers, Fintechs, and Other Non-Banks Firmly in Scope

Goodwin on

In a previous alert, “FCA D&I Standards for Large Firms Abandoned (for now), Non-financial Misconduct Rules Delayed (but Still Important),” we discussed the proposals put forward by the UK Financial Conduct Authority (FCA)...more

BCLP

The Long-Awaited FCA Paper on Non-financial Misconduct – Was It Worth the Wait?

BCLP on

On 2 July 2025, the FCA published a further consultation paper on “tackling non-financial misconduct in financial services”. The industry has been eagerly awaiting publication of this paper, in the hope that it will address...more

BCLP

FCA Draft Guidance on Non-financial Misconduct Published Today

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The Financial Conduct Authority (FCA) has published its most recent paper on non-financial misconduct (NFM), clarifying its expectations on bullying and harassment in financial services....more

Latham & Watkins LLP

FCA Sets Out Next Steps on Its Approach to Non-Financial Misconduct

Latham & Watkins LLP on

On 2 July 2025, the FCA published its long-awaited proposed next steps on addressing non-financial misconduct (NFM) in financial services. In a joint Consultation Paper and Policy Statement (CP25/18), the regulator is...more

BCLP

UK HR Two-Minute Monthly: May 2024

BCLP on

Our May update includes a case on whistleblowing where the claimant’s belief in the disclosures was questioned along with whether decision makers who knew little or nothing about the disclosures could be blamed for those who...more

Littler

UK Tribunal Overturns Dismissal for Prank at Work: A Win for Workplace Banter?

Littler on

A recent decision by the Watford Employment Tribunal in Richardson v West Midlands Trains Ltd saw a train driver reinstated and awarded £40,000 after he was found to have been unfairly and unlawfully dismissed for performing...more

A&O Shearman

UK Financial Conduct Authority proposes new rules and guidance on non-financial misconduct

A&O Shearman on

The UK Financial Conduct Authority's consultation on diversity and inclusion (D&I) in financial services proposes new rules and guidance on identifying and taking action in relation to non-financial misconduct such as...more

A&O Shearman

D&I in FS: new rules and guidance on non-financial misconduct

A&O Shearman on

The FCA is focused on reducing non-financial misconduct to enhance the reputation of the UK financial services sector. Spurred on by positive levels of engagement with its 2021 discussion paper, the FCA’s latest consultation...more

Mayer Brown

Not so 'plain and simple': the new draft FCA rules for non-financial misconduct

Mayer Brown on

In 2018, the UK's Financial Conduct Authority ("FCA") stated publicly that "non-financial misconduct is misconduct, plain and simple", emphasising their view that the Conduct Rules applicable to most employees within...more

BCLP

UK HR Two-Minute Monthly: July 2023

BCLP on

Our July update includes cases on the dismissal of a devout Christian dismissed for gross misconduct for social media criticism of pro-LGBTQ+ teaching at schools, allowances that tribunals should make to litigants in person...more

Skadden, Arps, Slate, Meagher & Flom LLP

Employment Flash - June 2023

New York, Minnesota and NLRB Act To Limit Noncompetes - New York Legislature Passes Bill To Ban Post-Employment Noncompetes - On June 20, 2023, the New York state Legislature passed a bill that bans post-employment...more

BCLP

UK HR Two-Minute Monthly: Settlement agreements, vanishing dismissals for gross misconduct, (lack of) mitigation and general news...

BCLP on

Our December update includes new case law on a very unusual take on taxing payments under settlement agreements, how difficult it can be to withdraw an appeal and stop a dismissal from vanishing, and the consequences, even if...more

BCLP

UK HR Two Minute Monthly - February 2022

BCLP on

Our February update covers key employment law developments from January 2022. It also includes recent cases on gross misconduct/lodging multiple and vexatious grievances, if a “franchisee” delivery driver with rights of...more

Morrison & Foerster LLP

Crossing the Line: Hospitality, Gifts, and Unfair Dismissal

Morrison & Foerster LLP on

Mr D Thompson v Informatica Software Ltd- In a recent appeal at the EAT an individual (the “appellant”), who had been a senior employee of the employer (ISL), was found to have been fairly dismissed for gross misconduct...more

Akin Gump Strauss Hauer & Feld LLP

Vicarious Liability for Employee’s Data Breach: Key Takeaways from the U.K. Supreme Court’s Judgment

On April 1, 2020, the U.K. Supreme Court handed down its judgment in the case of WM Morrison Supermarkets plc v Various Claimants [2020] UKSC 12, the first class action-type claim concerning a data breach in the U.K.. In this...more

White & Case LLP

UK Supreme Court – Employers not liable for data breaches caused by rogue employees

White & Case LLP on

In a decision that will come as a relief to many businesses, the UK Supreme Court has unanimously held that companies should not be held vicariously liable for the actions of rogue employees who leak personal data....more

Orrick, Herrington & Sutcliffe LLP

Class Actions For Security Breaches Are Here To Stay

Today’s decision by the Supreme Court to allow the appeal in WM Morrison Supermarkets plc v Various Claimants may on first glance look like a significant setback to privacy advocates. However, the court’s unanimous judgment...more

Skadden, Arps, Slate, Meagher & Flom LLP

UK Employment Flash - March 2020

In this edition of our UK Employment Flash, we examine tribunal rulings on whether covert recordings constitute misconduct and whether ethical veganism is a "philosophical belief." We also look at guidance for U.K. employers...more

Hogan Lovells

Employment News: unfair dismissal, equal pay, what's new

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Gathering clouds – flawed investigation made dismissal unfair - In Sunshine Hotel Ltd t/a Palm Court Hotel v Goddard the EAT agreed that failing to hold an investigatory meeting does not necessarily make a dismissal...more

Hogan Lovells

Employment News: wrongful dismissal, equal pay, workers

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Red faces – no gross misconduct when employee revealed executive's pay - The EAT had to consider whether an employee had acted in breach of contract or committed gross misconduct when he revealed details of an executive's...more

Robins Kaplan LLP

Financial Daily Dose 11.08.2019 | Top Story: US and China Set to Roll Back Tariffs as Part of Trade Deal First Phase

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The U.S. and China have tentatively [maybe?] agreed that a first phase of a trade agreement “would roll back a portion of the tariffs placed on each other’s products, a significant step toward defusing tensions between the...more

Hogan Lovells

Employment News: protected conversations, working time, investigations

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It's no secret – protected conversation potentially admissible - The EAT decided in Harrison v Aryman Ltd that a claimant could potentially rely on a protected conversation in evidence. This was the case even though she...more

Epiq

The Data Breach “Blame Game” – Employer or Employee Liability

Epiq on

Data security and privacy is a hot global topic right now. New laws that closely regulate data security practices seem to be popping up everywhere in order to account for all of the data people transmit electronically daily....more

A&O Shearman

Employer vicariously liable for rogue employee’s data breach

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An employer was held by the Court of Appeal to be vicariously liable for a rogue employee’s deliberate and criminal disclosure of the personal data of other employees. This was despite the employee’s aim being to harm the...more

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