Serious bullying and harassment in financial firms qualify as
misconduct, under rules confirmed by the Financial Conduct
Authority (FCA).
Previously, it was often unclear when these types of behaviours
would amount to a conduct rules breach in a firm other than a
bank.
On 1 September 2026, the same rules will be extended to around
37,000 other regulated firms, increasing consistency across
financial services.
There was widespread support for the FCA extending these rules in
response to its previous consultation.
Serious, substantiated cases of poor personal behaviour will also
need to be shared through regulatory references, in the same way
financial misconduct currently is, making it harder for
individuals to avoid consequences by moving from firm to firm.
Sarah Pritchard, the FCA's deputy chief executive, said:
'Too often when we see problems in the market, there are cultural
failings in firms. Behaviour like bullying or harassment going
unchallenged is one of the reddest flags – a culture where this
occurs can raise questions about a firm's decision making and
risk management. Our new rules will help drive consistency across
industry and support the vast majority of firms that want to do
the right thing to deepen trust in financial services.'
The FCA is also asking whether further guidance would be helpful
and proportionate for firms as they implement the rule change. It
has taken on board feedback on its previous draft guidance.
The draft guidance covers how firms should consider non-financial
misconduct when assessing whether an individual is fit and proper
to work in financial services. This includes how firms should
consider use of social media and the relevance of behaviour in
private and personal life.
The FCA has already decided not to proceed with guidance which is
not necessary to achieve its aims.
It is also not seeking to duplicate existing legal obligations on
firms under the Equality Act and the recent preventative duty to
protect workers from sexual harassment.
The guidance is open for consultation until 10 September 2025.
The FCA will only proceed with the guidance if there is clear
support for it.
Notes to editors
- Read the Consultation and Policy
Statement.
- The new rule supports the FCA's primary objectives
to protect
consumersand markets and promote effective
competition, as well as its secondary
objective to promote economic growth and
competitiveness.
- The rule will apply to FSMA firms with a Part 4A permission.
It won't apply to those without a Part 4A permission, such as
payments and e-money firms, regulated investment exchanges and
credit ratings agencies. The Senior Managers and Certification
Regime does not apply to such firms.
- To find out more about our other work on non-financial
misconduct, please read our:
- This Consultation Paper sets out the response to the feedback
received and final rules on the non-financial misconduct (NFM)
elements of the September 2023 Diversity and Inclusion
Consultation Paper (CP23/20 PDF).
- We have decided not to proceed with guidance on Threshold
Conditions and the Senior Management Arrangements, Systems and
Controls (SYSC) sourcebooks.