Reflections

The Financial Conduct Authority has announced a substantial extension of its rules on non-financial misconduct, bringing more than 37,000 firms including asset managers, insurers, and hedge funds within scope from 1 September 2026. For the first time, organisations governed by the Senior Managers and Certification Regime will be required to report serious instances of bullying, harassment, racism, and related misconduct by senior staff.

This development is intended to address the problem of rolling bad apples, referring to those who avoid accountability by moving between firms without their past conduct being disclosed. As the FCA’s Sarah Pritchard has observed, a failure to challenge bullying or harassment raises serious questions about a firm’s culture and risk management.

The Employment Rights Bill will introduce a ban on the use of Non-Disclosure Agreements (NDAs) that prevent individuals from speaking out about harassment and abuse in the workplace. If passed, this legislation will mark a significant shift in how organisations are expected to respond to such cases.

Changes due to be introduced as the bill returns to the House of Lords next week will effectively ban the use of NDAs in cases where they have been used to prevent employees from speaking out after experiencing workplace harassment or discrimination, including sexual harassment. These provisions will also ensure that witnesses are able to speak openly and support those affected without fear of legal repercussions. These changes signal a move away from practices that have too often compelled individuals to remain silent about the harm they have experienced.

WhatsApp is used for team communication and after-hours messaging especially in hybrid working environments. Unlike informal face-to-face conversations, these messages create a digital record that can be disclosed in legal proceedings. Increasingly, such records are being cited in employment tribunals, particularly in claims involving harassment, discrimination, or unfair dismissal…

Sexual harassment continues to shape the realities of many workplaces in 2025, often in ways that are difficult to detect or address. While updated data for this year is still emerging, recent studies highlight the persistence of the issue—particularly in the United Kingdom and Kenya. Alongside the personal impact, the organisational and financial consequences are becoming more visible.

Following our previous discussion on the prevalence of workplace sexual harassment in Kenya and the UK, this piece turns to progress, specifically how anti-harassment training is shaping more respectful, responsive, and resilient workplace cultures.