FCA non-financial misconduct

Bullying, harassment and violence are now Conduct Rules matters

What is this?

The FCA expanded non-financial misconduct rules in September 2026 to cover 37,000 more financial services firms. Is your FCA-regulated firm covered?

 

The rule: COCON 1.1.7FR extends the Conduct Rules to cover serious incidents of bullying, harassment or even social media posts, where there is sufficient connection to an employee’s work.

How does it affect me?

Firms do not have to pry into the private lives of their employees, which brings its own employment law risk. But neither can firms ignore how an individual’s behaviour might affect their fitness and propriety.

 

The hard part is for compliance and HR to know how to exercise judgment. To conduct investigations fairly, legally, and balancing both FCA rules and employment law.

Quick facts

Rule

COCON 1.1.7FR

Guidance

PS25/23, final guidance published December 2025

In force

1 September 2026, not retrospective

Who it applies to

Non-bank SM&CR firms with a FSMA Part 4A permission, roughly 37,000 firms. Banks were already covered

What it covers

Serious bullying, harassment including sexual harassment, and or personal conduct in connection with work

Threshold test

A sufficient work-related connection to the individual's role

Conduct Rules engaged

Individual Conduct Rule 1 (integrity) and Individual Conduct Rule 2 (due skill, care and diligence)

Relevant factors

Impact, whether part of a pattern, duration, seniority and power imbalance. A single incident can be enough

Private life

Outside COCON, but relevant to the Fit and Proper test where it shows a material risk to regulated conduct

Social media

No duty to monitor. Assess under FIT if it comes to the firm's attention

Regulatory references

Serious, substantiated cases may need to be disclosed

Managers

Expected to take reasonable steps to prevent and address serious misconduct in their areas

What it does not mean

Every HR breach is a Conduct Rules breach, or that firms must police private lives

Frequently asked questions