Non-financial misconduct: Is the FCA's final guidance progress or overreach?

'The FCA's rationale is clear: workplace culture drives conduct risk'

clock • 4 min read

Lawyer David Hamilton explores the consequences of the FCA's PS25/23 and says it signals a paradigm shift - workplace culture and personal behaviour are now more explicitly regulatory concerns

The Financial Conduct Authority (FCA) set out a significant shift in regulatory expectations with policy statement PS25/23. From 1 September 2026, firms must treat non-financial misconduct (NFM), including workplace bullying, harassment, and even certain off-duty behaviours, as relevant to regulatory standards. Whilst the FCA frames this as essential to market integrity, critics argue the final guidance stretches the regulator's remit and introduces new risks around privacy, proportionality, and enforcement. Why the FCA is acting The FCA's rationale is clear: workplace culture drive...

To continue reading this article...

Join Professional Adviser for free

  • Unlimited access to real-time news, industry insights and market intelligence
  • Stay ahead of the curve with spotlights on emerging trends and technologies
  • Receive breaking news stories straight to your inbox in the daily newsletters
  • Make smart business decisions with the latest developments in regulation, investing retirement and protection
  • Members-only access to the editor’s weekly Friday commentary
  • Be the first to hear about our events and awards programmes

Join

 

Already a Professional Adviser member?

Login

More on Regulation

FCA ban and £2m fine upheld against 'worst' British Steel adviser

FCA ban and £2m fine upheld against 'worst' British Steel adviser

Upper Tribunal backs regulator's findings in key BSPS misconduct case

Sahar Nazir
clock 19 January 2026 • 2 min read
Failed financial advice firms tracker

Failed financial advice firms tracker

Firms that the FSCS has confirmed as failed since the start of 2023

Professional Adviser
clock 19 January 2026 • 1 min read
Why well-run advice firms still shoulder an unfair FSCS burden - and what needs to change

Why well-run advice firms still shoulder an unfair FSCS burden - and what needs to change

Tom Hegarty shares his views on the FSCS levy and why things need to change...

Tom Hegarty
clock 08 January 2026 • 4 min read