The reforms of the FCA and PRA in relation to the regulation of firms and individuals in the financial and insurance industries continue apace.  The new Senior Managers Regime will come into force in March 2016. Responsibility for assessing the fitness and propriety of senior managers and others will shift away from the regulators to the institutions themselves.  

In 2008 the ECJ made it clear that you didn’t actually have to be disabled yourself to bring a direct disability discrimination claim, provided that you were discriminated against because of your association with a person who is disabled. It was previously thought that this principle of ‘associative discrimination’ only applied in cases of direct discrimination or harassment. However, following the case of Thompson v London Central Bus Company Ltd employers will now need to be wary that the same principle applies in cases of victimisation. In this case it was held that where an employee is victimised, the employee can claim even when the protected act is carried out by another person, provided that they are victimised because of that act. Furthermore, the recent hearing by the Employment Appeal Tribunal makes it clear that there is no requirement for there to be a special relationship in existence between the person who is victimised and the person who carries out the protected act.

As the Financial Conduct Authority (FCA) and Prudential Regulation Authority (PRA) publish new rules on whistleblowing today, Andreas White and Louise Hodges examine what this means for firms in light of the forthcoming Senior Managers and Certification regimes coming into force in March 2016 alongside new Conduct Rules. 

Employers will need to balance the rights of employees under suspicion against safeguarding responsibilities

The Home Office has issued new guidance on police disclosing details of convictions, criminal investigations and proceedings. The ‘Common law police disclosure’ guidance replaces the previous ‘notifiable occupations scheme’ which allowed the police to pass information about someone to an employer, or regulatory body, where there was a perceived public protection risk.

This article first appeared in People Management 28 September 2015.

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