Advice and representation for individuals
If you work in UK financial services, the likelihood is you are regulated by the FCA, subject to its Code of Conduct, and required to be ‘fit and proper’ (or ‘F&P’) to do your job.
If you are a senior manager under the FCA’s SMCR you will be given a statement of responsibility setting out the areas of the firm that you are personally responsible and answerable to the regulator for. We are experienced in advising on the scope and consequences of these.
If your employer casts doubt on your F&P this can be a threat not only to your job but also to your career, because a finding that you are not F&P could impact on your employer’s ability to certify you, what it says about you to the FCA in a Form C if you leave, and in a regulatory reference if you are moving employer.
Situations like this can arise if there are investigations into alleged misconduct, or if concerns are expressed about individuals’ competence in a role. Occasionally there are criminal investigations or proceedings running alongside. We frequently act for bankers, traders, and brokers who are caught up in such situations, which often are not clear cut and in some cases are driven by other motives.
We can help with these situations, F&P certification processes and regulatory references.
Where it is not possible to resolve the issues with the employer, we have extensive expertise and experience in using employment law rights and Employment Tribunal remedies to address them.