header-logo header-logo

01 September 2026
Categories: Legal News , Financial services litigation , Regulatory , Profession
printer mail-detail

Misconduct risk escalates

Lawyers have warned senior managers against complacency as the Financial Conduct Authority (FCA) non-financial misconduct (NFM) rules come into force

From 1 September, non-financial misconduct (NFM) including serious harassment, bullying and violence will be treated as a regulatory breach under the FCA’s Code of Conduct (COCON). The rule change applies to all FCA-authorised organisations and individuals. Failure to prevent the misconduct, where a manager could have intervened, will be counted as a potential breach and could affect fitness and propriety assessments.

Priya Dave, Of Counsel at Corker Binning and a former contentious regulation lawyer at the FCA, said: ‘NFM now sits squarely within the conduct rules and, as such, will be a priority agenda item for boards.

‘To date, the FCA has shown limited appetite for pursuing enforcement action in relation to NFM. Firms and senior managers should not assume this stance will continue, however, as the extension of the NFM rules from banks to non-banks highlights the importance the FCA places on workplace culture and conduct.

‘It is not a question of if, but when the FCA will flex its enforcement muscle in respect of NFM.’

The FCA will take a range of factors into account when considering a potential breach, including repetition, duration, impact, seniority of the accused person, power balance and prior warnings. The rules apply to work-related behaviour, potentially covering after-work drinks or an individual’s social media posts.

Imogen Makin, counsel at WilmerHale, described the rule change as ‘a watershed moment’ for financial services.

Makin warned ‘There is every chance that the FCA will seek to make an example of firms and individuals who fall foul of the new rule and guidance. Given the regulator’s current preference for assertive supervision over enforcement, enforcement action is likely to be reserved only for the most egregious cases.

‘In its supervisory enquiries, the FCA will be looking for evidence that firms are implementing the spirit of the new rule and guidance, demonstrating that instances of non-financial misconduct will not be tolerated through how they are dealt with, the tone from the top—which has long been a regulatory focus—and broader internal messaging.’

MOVERS & SHAKERS

Excello Law—Stephen Morrall

Excello Law—Stephen Morrall

Excello welcomes Stephen Morrall to Anglo-German team

Lawfront—Peter Martin-Simon

Lawfront—Peter Martin-Simon

Lawfront appoints new Chief Executive Officer to steer the business through the next phase of growth

Eversheds Sutherland—Claire Petheram

Eversheds Sutherland—Claire Petheram

Eversheds Sutherland strengthens top-ranked pensions practice with appointment of former global head of pensions

NEWS
Lawyers have warned senior managers against complacency as the Financial Conduct Authority (FCA) non-financial misconduct (NFM) rules come into force
Landlords cannot rely on minor procedural defaults to defeat leaseholders’ right to manage (RTM) claims, the Supreme Court has held
Mr Justice Nicklin’s decision to order costs on an indemnity basis may be a ‘significant win’ but it’s still ‘far from game, set and match’ for Associated Newspapers, a former costs judge has said
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
back-to-top-scroll