Culture as Compliance: The FCA's new rules on non-financial misconduct

Culture as Compliance: The FCA's new rules on non-financial misconduct

How should FCA-regulated firms deal with non-financial misconduct? When can conduct outside work affect an employee's fitness and propriety? In this episode of The BDBF Podcast, Tom McLaughlin is joined by Nick Wilcox, Partner at BDBF, and James Green, Partner at Burges Salmon, to discuss the FCA's new rules and guidance on non-financial misconduct which come into force in September 2026. They explore why the FCA has introduced the new regime following recent tribunal decisions, when conduct outside work can become a regulatory issue, and how firms should approach allegations involving bullying, harassment, discrimination and misconduct in employees' private lives. The discussion also examines workplace social events and social media, managers' responsibilities, regulatory references, and the interaction between the FCA's new guidance and wider employment law reforms. Listeners will gain practical guidance on: * The FCA's new non-financial misconduct rules * Fitness and propriety assessments * Investigating misconduct inside and outside the workplace * Social media, workplace events and managers' responsibilities * The practical implications for FCA-regulated firms and employees For employment lawyers, HR professionals, in-house counsel, compliance teams and FCA-regulated firms, this episode provides valuable insight into navigating the FCA's new approach to non-financial misconduct while balancing regulatory obligations with employment law risk. Disclaimer: Views of external guest speakers do not represent those of BDBF. Contact BDBF Thank you for tuning in toThe BDBF Podcast: News and Insights for the Employment Law Community, where we dive into practical guidance, expert analysis, and updates on employment law developments. For more behind-the-scenes content, exclusive events, and expert insights, please visit our website or follow us on your favourite social platform. We’d love to hear from you, particularly with feedback on the Podcast and requests for topics to cover in future episodes.  Drop us a line podcast@bdbf.co.uk [podcast@bdbf.co.uk] Find out more: Website: www.bdbf.co.uk/ [https://www.bdbf.co.uk/]Email: info@bdbf.co.uk [info@bdbf.co.uk]Phone: +44(0)20 3828 0350 Connect with us: LinkedIn: www.linkedin.com/company/brahams-dutt-badrick-french-llp/ [https://www.linkedin.com/company/brahams-dutt-badrick-french-llp/]Facebook: www.facebook.com/BDBFLLP/ [https://www.facebook.com/BDBFLLP/?ref=embed_page] Sign up to our newsletter:www.bdbf.co.uk/newsletter-signup/ [https://www.bdbf.co.uk/newsletter-signup/] Guest Info Tom McLaughlin https://uk.linkedin.com/in/emplwyrtom [https://uk.linkedin.com/in/emplwyrtom] Nick Wilcox https://uk.linkedin.com/in/nick-wilcox-48915526 [https://uk.linkedin.com/in/nick-wilcox-48915526] James Green https://uk.linkedin.com/in/jamesgreenemploymentlawyer [https://uk.linkedin.com/in/jamesgreenemploymentlawyer]

Chandrashekarappa v Wipro Ltd: Bonus Entitlement and Unlawful Deductions from Wages

Can an employer cap a bonus after telling an employee they've earned it? When does a bonus become a legally enforceable entitlement? In this episode of The BDBF Podcast, employment lawyers Ben Cowdry and Esmat Faiz explore the Employment Appeal Tribunal's decision in Chandrashekarappa v Wipro Ltd (2026), an important case on bonus schemes and unlawful deductions from wages. They discuss how the employer introduced a new sales bonus scheme without issuing a formal policy, why an employee expected a bonus of more than £500,000 only to be told it was capped at $150,000, and how the absence of clear written terms ultimately proved decisive. Ben and Esmat unpack the Employment Tribunal's original decision before examining why the Employment Appeal Tribunal found that the employee's entitlement had already crystallised, preventing the employer from imposing additional conditions after the event. Listeners will gain practical guidance on: * When a bonus becomes a legally enforceable entitlement * Why clear, written bonus policies are essential * The risks of introducing new conditions after a bonus has been approved * How the law on unlawful deductions from wages applies to bonus payments * Practical lessons for employers designing and implementing incentive schemes For employment lawyers, HR professionals, in-house counsel and employers, this episode provides valuable insight into drafting and administering bonus schemes while reducing the risk of costly disputes. Disclaimer: Views of external guest speakers do not represent those of BDBF. Contact BDBF Thank you for tuning in toThe BDBF Podcast: News and Insights for the Employment Law Community, where we dive into practical guidance, expert analysis, and updates on employment law developments. For more behind-the-scenes content, exclusive events, and expert insights, please visit our website or follow us on your favourite social platform. We’d love to hear from you, particularly with feedback on the Podcast and requests for topics to cover in future episodes.  Drop us a line podcast@bdbf.co.uk [podcast@bdbf.co.uk]  Find out more: Website: www.bdbf.co.uk/ [https://www.bdbf.co.uk/]Email: info@bdbf.co.uk [info@bdbf.co.uk] Phone: +44(0)20 3828 0350 Connect with us: LinkedIn: www.linkedin.com/company/brahams-dutt-badrick-french-llp/ [https://www.linkedin.com/company/brahams-dutt-badrick-french-llp/] Facebook: www.facebook.com/BDBFLLP/ [https://www.facebook.com/BDBFLLP/?ref=embed_page] Sign up to our newsletter: www.bdbf.co.uk/newsletter-signup/ [https://www.bdbf.co.uk/newsletter-signup/] Ben Cowdry Ben advises both employers and employees on contentious and non-contentious matters. Ben’s experience ranged from negotiating severance packages and advising on disciplinary matters to pursuing Employment Tribunal claims for unfair dismissal and discrimination. Ben also has experience in advising on and drafting employment contracts and workplace policies. Ben enjoys negotiating favourable outcomes for his clients, whether through alternative dispute resolution or litigation. linkedin.com/in/ben-cowdry-7548a8196 Esmat Faiz Esmat is an experienced solicitor who advises senior employees and employers on complex and sensitive workplace issues, delivering clear, strategic guidance to achieve practical and positive outcomes. She provides guidance to employees on disciplinary processes, grievances, workplace investigations and negotiated exits, always ensuring her clients feel supported and confident throughout challenging situations. Esmat has extensive experience handling whistleblowing claims and discrimination matters across a wide range of grounds, including disability, age, pregnancy and maternity, sex and race, both prior to and in the course of Employment Tribunal claims. She was promoted to Senior Associate in 2026 in recognition of her technical excellence and client care. https://uk.linkedin.com/in/esmat-faiz-1348502a [https://uk.linkedin.com/in/esmat-faiz-1348502a]

A Clash of Rights | Reopening the Appeal in Omooba v Michael Garrett Associates Ltd

When fundamental rights collide in the workplace, how do courts decide who wins? In this episode of The BDBF Podcast, Partner Clare Brereton and Senior Associate Leigh Janes examine the high-profile case of Omooba v Michael Garrett Associates Ltd. The dispute – an actress dismissed after a social media backlash over a historic post expressing her religious belief that homosexuality is a sin – puts two protected characteristics in direct conflict. But Clare and Leigh’s focus goes beyond the headlines. They dive into the high-stakes procedural battle that followed: Miss Omooba’s attempt to reopen the Court of Appeal's refusal of permission to appeal by invoking the landmark decision in Higgs v Farmor's School. Listeners will gain insights into: * The "clash of rights" framework and how courts approach competing protected characteristics * The "reason why" test in direct discrimination claims * The exceptionally high threshold for reopening final appeal decisions * The practical implications for employers managing similar conflicts in the workplace When religion and belief collide, the legal path is rarely straightforward. This is how to navigate the fallout. Contact BDBF We’d love to hear from you, particularly with feedback on the Podcast and requests for topics to cover in future episodes.  Drop us a line podcast@bdbf.co.uk [podcast@bdbf.co.uk] Find out more: Website: www.bdbf.co.uk/ [https://www.bdbf.co.uk/]Email: info@bdbf.co.uk [info@bdbf.co.uk] Phone: +44(0)20 3828 0350 Connect with us: LinkedIn: www.linkedin.com/company/brahams-dutt-badrick-french-llp/ [https://www.linkedin.com/company/brahams-dutt-badrick-french-llp/] Facebook: www.facebook.com/BDBFLLP/ [https://www.facebook.com/BDBFLLP/?ref=embed_page] Sign up to our newsletter: www.bdbf.co.uk/newsletter-signup/ [https://www.bdbf.co.uk/newsletter-signup/] Guest Info Clare Brereton linkedin.com/in/clare-brereton-nee-taylor-36291046/ [http://linkedin.com/in/clare-brereton-nee-taylor-36291046/] Clare Brereton is a partner at BDBF who specialises in high stakes disputes and strategic workplace advice for senior executives and employers on complex workplace disputes, including those involving partnerships and LLPs. Leigh Janes linkedin.com/in/leigh-janes-nee-leach-7b472890/ [http://linkedin.com/in/leigh-janes-nee-leach-7b472890/] Leigh is ranked by the 2026 edition of Chambers and Partners as an “Associate to Watch” and advises employers and employees on all aspects of employment law across a wide range of industries and sectors including financial services, recruitment, and hospitality.

Speaking up in the NHS: A World Whistleblowers’ Day special

When NHS staff blow the whistle, the consequences can be devastating. How can healthcare professionals raise serious concerns while protecting their careers? In this special episode of The BDBF Podcast, recorded for World Whistleblowers' Day, employment law partners Clare Brereton and Samantha Prosser discuss the realities of whistleblowing in the NHS – from the legal protections available to the practical challenges of navigating workplace retaliation. Samantha unpacks the legal definition of a "protected disclosure" and the statutory safeguards shielding whistleblowers from detriment and dismissal. Clare and Samantha examine the hurdles whistleblowers commonly face: proving that detrimental treatment was linked to their disclosure, and the difficulties of finding alternative employment after raising concerns. Listeners will gain practical guidance on: * The importance of documenting concerns in writing * Using the correct internal channels * Maintaining a professional tone throughout * Seeking legal advice at an early stage For employment lawyers, healthcare workers and in-house counsel, this episode delivers critical insights into managing the complexities of NHS disclosures. Contact BDBF Thank you for tuning in toThe BDBF Podcast: News and Insights for the Employment Law Community, where we dive into practical guidance, expert analysis, and updates on employment law developments. We’d love to hear from you, particularly with feedback on the Podcast and requests for topics to cover in future episodes.  Drop us a line podcast@bdbf.co.uk [podcast@bdbf.co.uk] Find out more: Website: www.bdbf.co.uk/ [https://www.bdbf.co.uk/]Email: info@bdbf.co.uk [info@bdbf.co.uk] Phone: +44(0)20 3828 0350 Connect with us: LinkedIn: www.linkedin.com/company/brahams-dutt-badrick-french-llp/ [https://www.linkedin.com/company/brahams-dutt-badrick-french-llp/] Facebook: www.facebook.com/BDBFLLP/ [https://www.facebook.com/BDBFLLP/?ref=embed_page] Sign up to our newsletter: www.bdbf.co.uk/newsletter-signup/ [https://www.bdbf.co.uk/newsletter-signup/] Clare Brereton linkedin.com/in/clare-brereton-nee-taylor-36291046/ [http://linkedin.com/in/clare-brereton-nee-taylor-36291046/] Clare Brereton is a partner at BDBF who specialises in high stakes disputes and strategic workplace advice for senior executives and employers on complex workplace disputes, including those involving partnerships and LLPs. Samantha Prosser https://www.linkedin.com/in/samanthacprosser/ [https://www.linkedin.com/in/samanthacprosser/] Partner at BDBF, Samantha has extensive litigation experience in the Employment Tribunal and Employment Appeal Tribunal. She specialises in whistleblowing and sex and disability discrimination claims, with particular expertise advising Consultants in the NHS and private practice.

1997 vs 2027: What History Can Teach Us About the Employment Rights Act

Can Blair's 1997 reforms help the employment law sector prepare for the forthcoming ERA changes? In this episode, host Tom McLaughlin is joined by BDBF managing partner Gareth Brahams to draw a direct line between Blair's 1997 employment law reforms and the major changes set to arrive with the Employment Rights Act in 2027. Drawing on three decades of practice, Gareth traces the parallels between then and now: the reduction of unfair dismissal qualifying periods, rising compensation caps, and the introduction of Working Time Regulations – and what they can tell us about what's coming next. Listeners will gain insights into: * The scope and background of the Employment Rights Act reforms coming later this year and in 2027 * Practical implications for employers and employees, including changes to dismissal rights and compensation * Building organisational capacity and adapting to evolving case law * Navigating political uncertainty and preparing for further legislative developments With a generation-defining shift in employment law on the horizon, looking to the past might be our best way forward. Contact BDBF Thank you for tuning in toThe BDBF Podcast: News and Insights for the Employment Law Community, where we dive practical guidance, expert analysis, and updates on employment law developments. For more behind-the-scenes content, exclusive events, and expert insights, please visit our website or follow us on your favourite social platform. We’d love to hear from you, particularly with feedback on the Podcast and requests for topics to cover in future episodes.  Drop us a line podcast@bdbf.co.uk [podcast@bdbf.co.uk] Find out more: Website: www.bdbf.co.uk/ [https://www.bdbf.co.uk/]Email: info@bdbf.co.uk [info@bdbf.co.uk]Phone: +44(0)20 3828 0350 Connect with us: LinkedIn: www.linkedin.com/company/brahams-dutt-badrick-french-llp/ [https://www.linkedin.com/company/brahams-dutt-badrick-french-llp/]Facebook: www.facebook.com/BDBFLLP/ [https://www.facebook.com/BDBFLLP/?ref=embed_page] Sign up to our newsletter:www.bdbf.co.uk/newsletter-signup/ [https://www.bdbf.co.uk/newsletter-signup/] Gareth Brahams linkedin.com/in/garethbrahams [http://linkedin.com/in/garethbrahams] Gareth Brahams is the managing partner at BDBF and a recognised leader in the field of employment law. He has nearly 30 years of experience in employment law advising senior executives and other employees in high value/high stakes cases, large and small employers, partners and members of LLPs.