On 25 September, the FCA published a consultation in which they propose to make explicit reference to non-financial misconduct in its Conduct Rules and Fit and Proper Assessments, as well as issuing guidance on non-financial misconduct, including sexual misconduct. There have been calls for the FCA to explicitly address the issue of sexual misconduct for some time, with the need for clear guidance brought into focus recently with the allegations against Crispin Odey.
Alongside this consultation, the General Medical Council (GMC) have updated their Good Medical Practice, due to come into effect in January next year. This guidance explicitly covers sexual misconduct for the first time, and also sets out the circumstances in which individuals should intervene and challenge sexual misconduct, as well as other forms of discriminatory treatment.
Finally, and by way of comparison, the SRA published their sexual misconduct guidance over a year ago and continue to refer and prosecute cases in the Solicitors Disciplinary Tribunal. Rules requiring managers to challenge unfair/discriminatory treatment were introduced into the Codes of Conduct in April of this year.
Join us on Friday, 6 October at 9.00 am for our webinar ‘How are the UK’s Regulators Addressing Sexual Misconduct in their Professions?‘ where we will be joined by guest speaker Carol Davis KC of Littleton Chambers.
In this webinar, we will provide an overview of the rules/guidance governing each profession, before discussing the following issues in further detail:
- The differences in the approach taken by each regulator towards allegations of sexual misconduct, including the range of sanctions which apply
- The regulators’ approach to criminal convictions (including for other forms of non-financial misconduct)
- Self-reporting obligations
- The obligations on entities to tackle toxic working environments
Date: Friday, 6 October 2023
Time: 9.00 am – 10.00 am BST