Financial institutions

Welcome to Allen & Overy’s Employment Talk blog, sharing with you our views and insights into the latest trends and developments into the employment aspects including regulatory investigations, the senior manager and certification regime, regulated references, whistleblowing and compliance.

The FCA talks tough on diversity – a sign of its approach to fitness and propriety?

Sarah Henchoz

We are often asked by clients to what extent the FCA would consider employees who have been found to have acted in a discriminatory and/or bullying manner to no longer be considered fit and proper; whether these issues form reportable concerns to the FCA, do they amount to conduct rule breaches and, of course, do Read More

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Whistleblowing and the meaning of “in the public interest”

Charlie Bowden

For a whistleblower to claim protection, the disclosure must be made in the reasonable belief that it is in the public interest. This may sound obvious as the name of the implementing legislation is the Public Interest Disclosure Act, but up until July 2013 workers were able to gain protection even if the disclosure related Read More

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Employment tribunals – managing the collateral damage

David Merlin-Jones

In this blog, the third in a series regarding regulatory investigations and employment challenges, we discuss the need to manage the wider impact of an employment case that has gone all the way to a tribunal hearing and grabble with the consequences of these proceedings being open to the public. Employment tribunals can be a Read More

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Check your privilege

David Merlin-Jones

In this blog, the second in a series regarding regulatory investigations and employment challenges, we discuss legal privilege (as a reminder, this protects all communications between a legal adviser and their client, and prevents their disclosure without the client’s permission). Read More

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Notifying the FCA of conduct rule breaches and disciplinary action

Robbie Sinclair

It is now time to make the first annual report to the FCA on conduct rule breaches where disciplinary action was taken or commenced between 7 March and 3 August 2016. This must be done in the reporting window, which opened yesterday and closes on 31 October 2016. Read More

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Whistleblowing in financial services

Karen Seward

Are you prepared for the new whistleblowing regime, which becomes active next week on 7 September? It is designed to impose cultural change so that individuals feel encouraged to raise concerns, and feel safe following a disclosure. Read More

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Fitness and Propriety: Criminal record checks

David Palmer

In this blog, the first of a series regarding assessing fitness and propriety under the Senior Managers and Certification Regimes (SMCR), I am going to discuss why recent changes to the criminal record checks legislation are not great news for firms operating under the SMCR. Read More

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