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Civil Fraud Case Update: Q1 2026
Mary Young
With the introduction of the Senior Managers and Certification Regime fast approaching the Financial Conduct Authority (FCA) has on 6 January issued a consultation paper on the technical rule changes required in advance of 7 March 2016. The changes proposed reflect the removal of the requirement on firms, as set out under section 64B(5) of the Financial Services and Markets Act 2000 (FSMA), to report known and suspected breaches of the Rules of Conduct to the Financial Conduct Authority (FCA).
With the advent of the Senior Managers and Certification Regimes soon upon us, the Financial Conduct Authority (FCA) has issued a policy statement that sets out the final rules for the application of the new accountability framework for individuals working in the UK branches of overseas banks (incoming branches). Accordingly the position in relation to the application of the Senior Managers Regime (SMR), Certification Regime (CR) and Conduct Rules to incoming branches and their staff is now clear.
The recent case of Pnaiser v NHS England and Coventry City Council highlights the dangers for employers of deviating from agreed written references and giving additional, but contradictory, verbal comments on a former employee. The Employment Appeal Tribunal’s (“EAT”) decision also makes it clear that potential new employers should be wary of revoking any offer of employment if there is a suggestion that a verbal reference may be influenced by discrimination.
In the case of Schwarzenbach t/a Thames-side Court Estate v Mr D Jones the employee proved that his two most recent employers were “associated employers” and therefore, taking into account the two periods of successive employment, he had the requisite period of continuous employment to bring an unfair dismissal claim.
Lord Davies’ five year review into improving the gender balance on British boards has now reached completion, with his end of year summary published on 29 October 2015. The results are in, and in the words of the report itself “Reaching the 25% target for the FTSE 100 is a significant achievement and major milestone in our longer journey to improving the gender balance at the top of British business”.
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