The Work Couch

Non-financial misconduct, regulation and the law (Part 3): Creating a "Speak Up" culture and post-investigation actions

40 min · 1. april 2026
episode Non-financial misconduct, regulation and the law (Part 3): Creating a "Speak Up" culture and post-investigation actions cover

Beskrivelse

Welcome to The Work Couch, the podcast where we discuss all things employment.  Later this year, extensive regulatory and legislative reforms will transform how employers tackle bullying, harassment and other toxic behaviour at work. In particular, the Financial Conduct Authority has now finalised its non-financial misconduct guidance, with significant changes coming into force on 1 September 2026. And alongside that, the Employment Rights Act 2025 will introduce a suite of reforms on 1 October 2026, aimed at strengthening protections against harassment at work and changing how employers approach prevention.   So, to help employers navigate and prepare for the new regime, we're devoting our latest three-part mini-series to the topic of non-financial misconduct or "NFM".   In the third and final part of our mini-series, host Ellie Gelder [https://www.rpc.co.uk/people/ellie-gelder/] is joined by Sybille Raphael [https://www.linkedin.com/in/sybille-raphael-a1010572/?originalSubdomain=uk], joint CEO at whistleblowing charity Protect [https://protect-advice.org.uk/] and Patrick Brodie [https://www.rpclegal.com/people/patrick-brodie/], partner and head of RPC's Employment, Engagement & Equality team. Sybille and Patrick share their insights on: * the increasingly prominent role of NFM in cases of whistleblowing; * the regulatory, legislative and cultural impetus to tackle NFM; * why people find it hard to blow the whistle about NFM and how employers can empower their employees to speak up; * balancing responsibilities to the whistleblower, the alleged wrongdoer and witnesses; * what "good" looks like when we talk about "Speak Up" cultures; * how to assess if your organisation's process for reporting and investigating NFM is working; * specific actions that employers might consider taking after a formal investigation into NFM has concluded; and * Sybille and Patrick's key practical takeaways.   Listen to parts 1 and 2 of this Work Couch mini-series on Non-financial misconduct, regulation and the law:  * Part 1: What’s on the horizon for 2026? with Macaela Joyes and Whitney Simpson [https://www.rpclegal.com/thinking/employment/the-work-couch-non-financial-misconduct-regulation-and-the-law-part-1/] * Part 2: Key watch-outs before and during an investigation, with Kelly Thomson and Charlotte Reid [https://www.rpclegal.com/thinking/employment/the-work-couch-non-financial-misconduct-regulation-and-the-law-part-2/] * Please note these podcasts will not run on Internet Explorer We hope you enjoyed this episode. If you did, please subscribe to be notified when new episodes release. You can subscribe on Apple Podcasts [https://podcasts.apple.com/gb/podcast/the-work-couch/id1675894326] and Spotify [https://open.spotify.com/show/7t1QwfeSobLRUTKy6fvhar] to stay up to date with the latest episodes. All information is correct at the time of recording. The Work Couch is not a substitute for legal advice. References 1. Report by Acas: How prevalent is individual conflict at work in Great Britain in 2025? [https://www.acas.org.uk/research-and-commentary/workplace-conflict/prevalence-of-conflict-at-work/report] (20 November 2025) 2. Report by Protect: Attitudes to whistleblowing – from Gen Z to Baby Boomers [https://protect-advice.org.uk/attitudes-to-whistleblowing-report-2/] (24 June 2025) 3. Research by Mental Health First Aid England for My Whole Self campaign [https://mhfaengland.org/mhfa-centre/news/The-cost-of-workplace-silence-My-Whole-Self-2026/] (10 February 2026) 4. Protect's Whistleblowing Benchmark tool [https://protect-advice.org.uk/whistleblowing-benchmarking-for-employers/] About Protect Protect has over 30 years' experience helping employers diagnose system weaknesses, develop triage models [https://url.uk.m.mimecastprotect.com/s/2sJ8CJZDRHgRJ2mTVfvIy6p4p?domain=protect-advice.org.uk/], and strengthen speak-up culture [https://url.uk.m.mimecastprotect.com/s/St9VCKOXRFZloYvcvhRI553Js?domain=protect-advice.org.uk/]. Protect sees over 3,000 new cases annually, giving a uniquely broad evidence base on emerging patterns. Protect has shaped the thinking around whistleblowing since 1993, helping Parliament and regulators set the rules and intervening in major appeal cases.  ---------------------------------------- Hosted on Acast. See acast.com/privacy [https://acast.com/privacy] for more information.

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69 Episoder

episode 100 Women in Insurance x The Work Couch: Imposter syndrome, with Sandra Lewin cover

100 Women in Insurance x The Work Couch: Imposter syndrome, with Sandra Lewin

Welcome to The Work Couch, the podcast where we discuss all things employment. In our third Work Couch live episode, host Ellie Gelder [https://www.rpclegal.com/people/ellie-gelder/] interviews Sandra Lewin [https://100womenininsurance.com/about], founder of 100 Women in Insurance [https://100womenininsurance.com/], as part of an evening of collective conversation and networking hosted by RPC's FIG [https://www.rpclegal.com/fig/] and the Gender Inclusion Network [https://www.genderinclusionnetwork.co.uk/].  Together, they discuss the topic of imposter syndrome, including: * what imposter syndrome is and how it can feel in high-stakes, regulated roles, particularly in the insurance and financial services sectors; * intersectionality and belonging: how background and identity can intensify imposter feelings; * the importance of networks and community; * "confidence" versus "competence", and how language used in feedback and performance reviews can adversely impact women; * how to manage comparison triggers such as social media; and * practical tools to overcome stress, burnout and imposter feelings. * Please note these podcasts will not run on Internet Explorer We hope you enjoyed this episode. If you did, please subscribe to be notified when new episodes release. You can subscribe on Apple Podcasts [https://podcasts.apple.com/gb/podcast/the-work-couch/id1675894326] and Spotify [https://open.spotify.com/show/7t1QwfeSobLRUTKy6fvhar] to stay up to date with the latest episodes. All information is correct at the time of recording. The Work Couch is not a substitute for legal advice. References   * 100 Women in Insurance podcast: An honest conversation about inclusion at work, with Teniola Tijani [https://100womenininsurance.com/podcast/episode57teniolatijani] * 100 Women in Insurance podcast: Overcoming Imposter Syndrome, and Building a Successful Career with Zoe Parsons [https://100womenininsurance.com/podcast/episode19zoeparsons] * 100 Women in Insurance podcast: Defining career success, without comparison trap with Suneeta Padda and Sam Nowell [https://100womenininsurance.com/podcast/episode54] ---------------------------------------- Hosted on Acast. See acast.com/privacy [https://acast.com/privacy] for more information.

27. mai 202635 min
episode Addiction in the legal sector (Part 2): Allyship and supporting people in recovery, with Steve McCann, Becky Banks and Charlotte Reid cover

Addiction in the legal sector (Part 2): Allyship and supporting people in recovery, with Steve McCann, Becky Banks and Charlotte Reid

Welcome to The Work Couch, the podcast where we discuss all things employment. Content warning: The following content explores themes around addiction in a workplace context, including substance use and gambling, which some people might find distressing. To mark Mental Health Awareness Week, we are devoting a two-part conversation to explore how substance use and other addictive coping behaviours can show up in high-pressure environments, including the legal sector - and what a more recovery-informed, psychologically safe culture looks like in practice. In part two, and building on this year's theme of action, we discuss how we can be effective allies and outline the practical actions employers, managers and colleagues can take to support people in and beyond recovery. Host Ellie Gelder [https://www.rpclegal.com/people/ellie-gelder/] is joined once again by Steve McCann [https://www.linkedin.com/in/steve-mccann81/] and Becky Banks [https://www.linkedin.com/in/rebeccajbanks/] from MCG Consulting [https://www.mcgonline.co.uk/] - a pioneering consultancy specialising in addiction awareness, recovery-informed inclusion and workplace culture transformation – and completing the panel, Charlotte Reid [https://www.rpclegal.com/people/charlotte-reid/], senior associate in our Employment, Engagement & Equality team. Together, they discuss: * what allyship does and does not mean in the context of recovery and beyond; * how allyship can strengthen an employer's legal and regulatory obligations, for example duties owed to the FCA and SRA; * institutional allyship and the shift in attitude among regulators; * how support in US law firms compares to UK firms; * creating psychologically safe work cultures; * and training line managers on recognising patterns and handling disclosures sensibly. Listen to part 1 here: Shattering the stigma and shifting mindsets  [https://podcasts.apple.com/gb/podcast/addiction-in-the-legal-sector-part-1-shattering/id1675894326?i=1000767559288] * Please note these podcasts will not run on Internet Explorer We hope you enjoyed this episode. If you did, please subscribe to be notified when new episodes release. You can subscribe on Apple Podcasts [https://podcasts.apple.com/gb/podcast/the-work-couch/id1675894326] and Spotify [https://open.spotify.com/show/7t1QwfeSobLRUTKy6fvhar] to stay up to date with the latest episodes. All information is correct at the time of recording. The Work Couch is not a substitute for legal advice. To access further support on addiction issues, you may wish to visit: Alcohol Change UK [https://alcoholchange.org.uk/], Smart Recovery [https://smartrecovery.org.uk/], GAMCare [https://www.gamcare.org.uk/] (for gambling related harm) or We Are With You [https://www.wearewithyou.org.uk/]. References   * Work Couch podcast "Addiction at work: Disciplinary or wellbeing issue? [https://www.rpclegal.com/thinking/employment/the-work-couch-addiction-at-work/]" (10 April 2024) ---------------------------------------- Hosted on Acast. See acast.com/privacy [https://acast.com/privacy] for more information.

14. mai 202630 min
episode Addiction in the legal sector (Part 1): Shattering the stigma and shifting mindsets, with Steve McCann, Becky Banks and Charlotte Reid cover

Addiction in the legal sector (Part 1): Shattering the stigma and shifting mindsets, with Steve McCann, Becky Banks and Charlotte Reid

Welcome to The Work Couch, the podcast where we discuss all things employment.   Content warning: The following content explores themes around addiction in a workplace context, including substance use and gambling, which some people might find distressing. To mark Mental Health Awareness Week, we are devoting a two-part conversation to explore how substance use and other addictive coping behaviours can show up in high-pressure environments, including the legal sector - and what a more recovery-informed, psychologically safe culture looks like in practice. In part one, we hear about the lived experience and how law firms are increasingly engaging with addiction issues in a proactive way. Host Ellie Gelder [https://www.rpclegal.com/people/ellie-gelder/] is joined by Steve McCann [https://www.linkedin.com/in/steve-mccann81/] and Becky Banks [https://www.linkedin.com/in/rebeccajbanks/] from MCG Consulting [https://www.mcgonline.co.uk/] - a pioneering consultancy specialising in addiction awareness, recovery-informed inclusion and workplace culture transformation – and completing the panel, Charlotte Reid [https://www.rpclegal.com/people/charlotte-reid/], senior associate in our Employment, Engagement & Equality team. Together, they discuss: * Steve and Becky's own experiences of addiction and the work they are now doing with MCG to support law firms in raising awareness and embedding a recovery-informed culture; * the importance of terminology, inclusive language and avoiding stereotypical assumptions; * how to identify an addictive coping behaviour; * common workplace red flags to be alive to and how these can vary across different roles, career stages and areas of law; * how a recovery-informed work environment is integral to risk management, regulatory compliance, employee retention and reputation; and * how the employer mindset is shifting in the legal sector, including the evolution of policies, training and support routes, and firms increasingly adopting a more nuanced approach of "checking in", not "catching out". In Part 2, the panel focus on action: how to be an effective ally, and practical steps to support colleagues in and beyond recovery. * Please note these podcasts will not run on Internet Explorer We hope you enjoyed this episode. If you did, please subscribe to be notified when new episodes release. You can subscribe on Apple Podcasts [https://podcasts.apple.com/gb/podcast/the-work-couch/id1675894326] and Spotify [https://open.spotify.com/show/7t1QwfeSobLRUTKy6fvhar] to stay up to date with the latest episodes. All information is correct at the time of recording. The Work Couch is not a substitute for legal advice. To access further support on addiction issues, you may wish to visit: Alcohol Change UK [https://alcoholchange.org.uk/], Smart Recovery [https://smartrecovery.org.uk/], GAMCare [https://www.gamcare.org.uk/] (for gambling related harm) or We Are With You [https://www.wearewithyou.org.uk/]. References   * Report by Deloitte on the cost of poor mental health to UK employers [https://www.deloitte.com/uk/en/about/press-room/poor-mental-health-costs-uk-employers-51-billion-a-year-for-employees.html] (May 2024)  * Report by LawCare: Life in the Law [https://lawcare.org.uk/life-in-the-law/] (September 2025)   ---------------------------------------- Hosted on Acast. See acast.com/privacy [https://acast.com/privacy] for more information.

13. mai 202637 min
episode AI in the employment lifecycle (Part 1): Recruitment and data protection, with Patrick Brodie and Jon Bartley cover

AI in the employment lifecycle (Part 1): Recruitment and data protection, with Patrick Brodie and Jon Bartley

Welcome to The Work Couch, the podcast where we discuss all things employment.  In part one of our mini-series on AI in the employment lifecycle, we're discussing the use of artificial intelligence in recruitment. Employers are increasingly turning to AI‑powered tools to assess candidates – whether by screening CVs, running video interviews or generating questions for use in applications. At the same time, a host of legal and ethical questions are emerging. To help tackle these questions and help employers unlock the potential of AI - while balancing this against individual rights and mitigating legal risk - host Ellie Gelder [https://www.rpc.co.uk/people/ellie-gelder/] is joined by Patrick Brodie [https://www.rpclegal.com/people/patrick-brodie/], Partner and Head of RPC's Employment, Engagement & Equality team and Jon Bartley [https://www.rpclegal.com/people/jon-bartley/], Partner and RPC's Data Advisory Lead. Together, they share their insights on: * how AI tools are used in recruitment lifecycle, and the operational benefits and risks for employers; * discrimination risks arising from biased or opaque AI models, including how these can translate into direct and indirect discrimination claims under the Equality Act 2010; * how the UK GDPR applies to AI recruitment tools, including profiling versus automated decision-making (ADM), the impact of the Data Use and Access Act 2025, and when ADM is lawful; * regulator expectations on fairness, transparency, bias mitigation and meaningful human involvement in decisions; * practical steps for compliant deployment, including vendor due diligence, bias testing, data protection impact assessments and appropriate lawful bases; * candidate-facing transparency and explainability: what must be communicated about AI use and legal rights to contest automated decisions; and * the wider workforce implications of AI recruitment tools, including the interaction with reduced unfair dismissal qualifying periods due to be introduced by the Employment Rights Act 2025, and the risks for early‑career workers. Join us for part 2 later this year, when we will explore the role of AI during employment, including its impact on retention, performance management and attendance and related challenges and opportunities. * Please note these podcasts will not run on Internet Explorer We hope you enjoyed this episode. If you did, please subscribe to be notified when new episodes release. You can subscribe on Apple Podcasts [https://podcasts.apple.com/gb/podcast/the-work-couch/id1675894326] and Spotify [https://open.spotify.com/show/7t1QwfeSobLRUTKy6fvhar] to stay up to date with the latest episodes. All information is correct at the time of recording. The Work Couch is not a substitute for legal advice. References 1. ICO's AI in Recruitment Outcomes Report [https://ico.org.uk/action-weve-taken/audits-and-overview-reports/2024/11/ai-tools-used-in-recruitment/] (November 2024)  2. Recruitment rewired: an update on the ICO's work on the fair and responsible use of automation in recruitment [https://ico.org.uk/about-the-ico/what-we-do/recruitment-rewired/] (March 2026)  ---------------------------------------- Hosted on Acast. See acast.com/privacy [https://acast.com/privacy] for more information.

29. april 202641 min
episode Non-financial misconduct, regulation and the law (Part 3): Creating a "Speak Up" culture and post-investigation actions cover

Non-financial misconduct, regulation and the law (Part 3): Creating a "Speak Up" culture and post-investigation actions

Welcome to The Work Couch, the podcast where we discuss all things employment.  Later this year, extensive regulatory and legislative reforms will transform how employers tackle bullying, harassment and other toxic behaviour at work. In particular, the Financial Conduct Authority has now finalised its non-financial misconduct guidance, with significant changes coming into force on 1 September 2026. And alongside that, the Employment Rights Act 2025 will introduce a suite of reforms on 1 October 2026, aimed at strengthening protections against harassment at work and changing how employers approach prevention.   So, to help employers navigate and prepare for the new regime, we're devoting our latest three-part mini-series to the topic of non-financial misconduct or "NFM".   In the third and final part of our mini-series, host Ellie Gelder [https://www.rpc.co.uk/people/ellie-gelder/] is joined by Sybille Raphael [https://www.linkedin.com/in/sybille-raphael-a1010572/?originalSubdomain=uk], joint CEO at whistleblowing charity Protect [https://protect-advice.org.uk/] and Patrick Brodie [https://www.rpclegal.com/people/patrick-brodie/], partner and head of RPC's Employment, Engagement & Equality team. Sybille and Patrick share their insights on: * the increasingly prominent role of NFM in cases of whistleblowing; * the regulatory, legislative and cultural impetus to tackle NFM; * why people find it hard to blow the whistle about NFM and how employers can empower their employees to speak up; * balancing responsibilities to the whistleblower, the alleged wrongdoer and witnesses; * what "good" looks like when we talk about "Speak Up" cultures; * how to assess if your organisation's process for reporting and investigating NFM is working; * specific actions that employers might consider taking after a formal investigation into NFM has concluded; and * Sybille and Patrick's key practical takeaways.   Listen to parts 1 and 2 of this Work Couch mini-series on Non-financial misconduct, regulation and the law:  * Part 1: What’s on the horizon for 2026? with Macaela Joyes and Whitney Simpson [https://www.rpclegal.com/thinking/employment/the-work-couch-non-financial-misconduct-regulation-and-the-law-part-1/] * Part 2: Key watch-outs before and during an investigation, with Kelly Thomson and Charlotte Reid [https://www.rpclegal.com/thinking/employment/the-work-couch-non-financial-misconduct-regulation-and-the-law-part-2/] * Please note these podcasts will not run on Internet Explorer We hope you enjoyed this episode. If you did, please subscribe to be notified when new episodes release. You can subscribe on Apple Podcasts [https://podcasts.apple.com/gb/podcast/the-work-couch/id1675894326] and Spotify [https://open.spotify.com/show/7t1QwfeSobLRUTKy6fvhar] to stay up to date with the latest episodes. All information is correct at the time of recording. The Work Couch is not a substitute for legal advice. References 1. Report by Acas: How prevalent is individual conflict at work in Great Britain in 2025? [https://www.acas.org.uk/research-and-commentary/workplace-conflict/prevalence-of-conflict-at-work/report] (20 November 2025) 2. Report by Protect: Attitudes to whistleblowing – from Gen Z to Baby Boomers [https://protect-advice.org.uk/attitudes-to-whistleblowing-report-2/] (24 June 2025) 3. Research by Mental Health First Aid England for My Whole Self campaign [https://mhfaengland.org/mhfa-centre/news/The-cost-of-workplace-silence-My-Whole-Self-2026/] (10 February 2026) 4. Protect's Whistleblowing Benchmark tool [https://protect-advice.org.uk/whistleblowing-benchmarking-for-employers/] About Protect Protect has over 30 years' experience helping employers diagnose system weaknesses, develop triage models [https://url.uk.m.mimecastprotect.com/s/2sJ8CJZDRHgRJ2mTVfvIy6p4p?domain=protect-advice.org.uk/], and strengthen speak-up culture [https://url.uk.m.mimecastprotect.com/s/St9VCKOXRFZloYvcvhRI553Js?domain=protect-advice.org.uk/]. Protect sees over 3,000 new cases annually, giving a uniquely broad evidence base on emerging patterns. Protect has shaped the thinking around whistleblowing since 1993, helping Parliament and regulators set the rules and intervening in major appeal cases.  ---------------------------------------- Hosted on Acast. See acast.com/privacy [https://acast.com/privacy] for more information.

1. april 202640 min