PIMFA
Non-Financial Misconduct (NFM) is now a boardroom issue. Workplace behaviours such as harassment, bullying, discrimination and abuse are, in the eyes of the regulator, indicators of a poor workplace culture, lacking diversity and inclusion in your firm. High-profile cases from the past year and the recent FCA D&I Consultation Paper (CP23/20) underscore that non-financial misconduct poses a significant business risk that needs addressing.
Whether certain behaviours of individuals working in financial services, particularly outside of the workplace, fall under the FCA’s supervision’s remit is much debated; what’s not is the regulator’s belief that ‘non-financial misconduct can amount to a breach of our [FCA] conduct rules’.
In this practical, scenario-based, in-person training session, delivered by regulatory and employment lawyers who have dealt with non-financial misconduct issues firsthand, you’ll learn how to navigate the challenges of investigating NFM in your firm, understand when NFM might breach the conduct rules and assess the impact of NFM on the fit and proper assessment.
Immediately after the training, you will receive a zip folder of key resources and checklists referred to in the training session which you can use to help you enhance your policies, processes, and practices around NFM.
Attending this session and leveraging the resources will give you the knowledge and confidence to:
1. Ready your firm for anticipated new rules on NFM.
2. Align your firm’s whistle-blowing policy, reporting process and procedure to the regulators expectations
3. Recognise and escalate NFM incidents appropriately
4. Manage NFM incidents
5. Ensure regular communications between the HR and compliance teams to deal with and manage NFM incidents
6. Assess what may amount to ‘serious’ misconduct
7. Accurately record NFM incidents
8. Understand when NFM should be reported to the FCA
What you’ll cover in the session:
– Overview of Non-Financial Misconduct (NFM)
– FCA’s Stance on Non-Financial Misconduct
– Regulatory Framework and Guidelines
– Compliance Obligations for PIMFA member firms
– Key Responsibilities of Senior Managers
– Reporting and Documentation Requirements
– Implementing Effective Policies and Procedures
– Approaches to creating a Positive Organisational Culture
– Establishing Clear Conduct Standards
– Training and Awareness Programs
– Monitoring/measuring culture
– Whistleblowing, complaints handling and investigations
– Discipline for NFM
– Regulatory references
– Reporting to the FCA
– Interactive Case Studies of Non-Financial Misconduct in Financial Services
– Lessons Learned from Past Incidents
– Best Practices for Mitigating Non-Financial Misconduct
– Successful Strategies from Leading Firms
– Continuous Improvement and Learning
– Monitoring and assessments
– Q&A Session
Who Should Attend:
• Compliance and Conduct leaders seeking guidance on how to:
– Deal with allegations of non-financial misconduct
– Recognise whether NFM is an isolated incidence or an indicator of a wider culture issue
• HR leaders who want to ready their firm’s response for new FCA rules and guidance, including the impact NFM could have on remuneration and how NFM should be dealt with in a regulatory reference.
• In-house counsel who seek assurance of when and how to respond to allegations of non-financial misconduct.
This training course will take place IN PERSON at the DAC Beachcroft London Office located at 25 Walbrook, London EC4N 8AF
Bring a colleague along for free!
Use VOUCHER CODEÂ BG3N8AKH at checkout to claim this buy-one-get-one-free offer!
This voucher can only be used when purchasing 2 full price tickets
More about Angela Hayes
Angela is a financial services regulation expert with a main focus on investigations and enforcement defence but also with an advisory practice.
Angela has more than 20 years’ experience advising clients across the spectrum of financial services –  banks (investment and retail), asset managers and investment funds, securities brokers, wealth advisers, insurers, and listed companies. Angela is well known for her particular expertise regarding market abuse, financial crime and regulatory issues impacting the asset management sector.
Angela’s career has included 12 years as a partner in the London offices of leading US law firms.
Angela has led many major regulatory investigation and defence projects, including coordinating cross-border multi-jurisdictional matters, involving the PRA, FCA, SFO, DOJ, SEC, NY DFS and other regulators in Europe and around the globe. These cases have covered a wide range of issues but include complex market manipulation, investment and trading errors, transaction reporting, fraud and allegations of bribery and corruption. Angela has also assisted many clients with internal investigations and dialogue with regulators, where the facts found have enabled clients to avoid regulatory enforcement action. Most recently this has included issues raised by whistleblowers and culture/conduct issues.
Angela’s advisory practice includes conduct risk mitigation,  corporate governance and the senior manager and certification regime, advising on the launch of new products and new businesses (including obtaining authorisation for a new bank and a new life assurance company) and transactional support, including the acquisition of wealth and asset management businesses and Part VII transfers of insurance business.
More about David Speakman
David is a senior employment law specialist based in the dacb London office dealing with a full spectrum of employment advisory, litigation and transactional matters.
David has over 15 years’ experience advising clients in a range of sectors on their strategic employment matters and regularly advise on high-profile disputes and discrimination issues, bonus disputes, enforceability of restrictive covenants, senior and executive level appointments and terminations, employment aspects related to M&A, international restructures and consultaiton processes, as well as other day-to-day employment and HR matters.
David has considerable experience advising on contentious matters before the Employment Tribunal and High Court. He also regularly advise businesses on their strategic models and ways in which to protect their goodwill, confidential information and retain key employees. He has a particular focus on financial services and a keen interest in the tech sector.
