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Removal of trustees – factors a court will consider
Cally Brosnan
The jury is still out on whether the four-day week will remain the exception rather than the rule in future. In February, we learned that the majority of UK companies that took part in a six-month pilot in 2022 (offering employees a shorter working week on full pay for the same level of productivity) voted to continue with the trial, with 18 companies deciding to introduce the model permanently.
There is currently no specific legislation in the UK that defines bullying, or provides a comprehensive framework for addressing it. This issue has come into particular focus following the resignation of Dominic Raab, who criticised the inquiry into his behaviours as setting the threshold for bullying “so low” he said it created a dangerous precedent.
Company investigations are often fraught with issues and there is much to consider. Those in charge are commonly afforded very little time before having to proceed. It therefore pays to be aware of some of the potential pitfalls at the outset.
Despite various regulatory changes, firms can do more to prevent sexual harassment
Sexual harassment in the workplace has attracted growing concern globally over the past five years. The House of Commons Women and Equalities Select Committee (WESC) inquiry in July 2018 triggered a parliamentary debate around the need for stricter duties for employers to prevent unwanted sexual behaviour at work. In parallel, the Solicitors Regulation Authority (SRA) has prioritised tackling sexual misconduct in law firms and recent changes to its Codes of Conduct emphasise the expectation on firms to foster a culture of zero tolerance to counter-inclusive behaviours, including sexual misconduct.
Under the Senior Managers and Certification Regime (“SMCR”), which was introduced by the Financial Conduct Authority (“FCA”) to seek to remedy perceived industry wide failings following the 2008 financial crash, regulated staff must meet certain standards of fitness and propriety and will be personally accountable to the FCA for any failure to do so.
Firms covered by the SMCR are required to assess, both at the point of recruitment and on an annual basis, whether SMCR staff are fit and proper to perform their role. In the case of senior managers, firms that are covered by the regime must also seek approval from the FCA prior to appointment and in many cases the FCA may wish to closely scrutinise any such application.
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