Compliance
Wealth Sector Welcomes UK Regulator's Non-Financial Misconduct Report
![Wealth Sector Welcomes UK Regulator's Non-Financial Misconduct Report](https://wealthbriefing.com/cms/images/app/Regulators/fca250x250.jpg)
The FCA's study, carried out over a three-year period, shines a light on issues such as discrimination, bullying, and other forms of misconduct in the workplace.
The UK’s wealth sector has welcomed moves by the country’s
financial regulator to try to stamp out non-financial misconduct
(NFM) such as bullying and discrimination in the workplace.
Last week, the Financial
Conduct Authority issued a 34-page report, which described a
three-year survey of the problem.
The FCA’s study found, for example, that the distribution of
non-financial misconduct types varied by sector although bullying
and harassment (26 per cent) and discrimination (23 per cent)
were the most reported types of non-financial misconduct across
all sectors.
It also found that 41 per cent of non-financial misconduct
incidents were reported in the “other” category. Firms identified
incidents through reactive routes such as grievances or similar
formal processes (50 per cent) and through alternative reporting
routes such as whistleblowing.
"We welcome the regulator’s decision to survey the information
about recorded incidents of non-financial misconduct in financial
services industry and thus shed more light on the challenges
firms face when handling the instances of non-financial
misconduct,” Liz Field, CEO of PIMFA, the UK trade association
for the wealth sector, said. “In our response to the discussion
paper on diversity and inclusion, we supported embedding
non-financial misconduct into Fitness and Propriety assessments
and the Conduct Rules.”
"For our part, PIMFA will be developing guidance for our sector
as firms need to be clear of their responsibilities. The lack of
guidance could lead to a significant amount of cost, time and
pressure for organisations as they try to grapple with these
issues. This is particularly important for firms which do not
have extensive compliance and HR resources,” Field
said.
Jill Lorimer, partner in the financial services regulatory team
at Kingsley Napley, the law firm, said: “The FCA has talked about
the importance of non-financial misconduct (NFM) for several
years now but is aware that education is a key part of its wider
strategy to drive up standards.”
“It views a firm’s culture as absolutely essential to encouraging
the right behaviours and indeed helping to identify examples of
counter-inclusive behaviour. It is also keen to challenge any
remaining concerns that these are purely HR issues rather than
issues going to the heart of a firm’s regulatory compliance,”
Lorimer said.
Other details
In other details, the FCA said firms noticed incidents through
firm-led detection methods such as market surveillance. In the
survey, firms could report multiple detection methods for one
incident.
Disciplinary or ‘other’ actions were taken in 43 per cent of
cases. In the remainder, the FCA saw a range of other outcomes –
either the cases were not investigated, could not be concluded
or upheld, upheld with no other action, or investigations
were ongoing.