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Remote Entry-Level Remote Social Media Manager ($20-$27/hr) at NoGigiddy

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Remote Entry-Level Remote Social Media Manager (-/hr) at NoGigiddy

Job Description:

NoGigiddy is looking for a creative and motivated Entry-Level Social Media Manager to join our remote team. In this role, you will assist in managing our social media presence, creating engaging content, and building our brand online. This position is perfect for someone eager to start their career in social media and digital marketing. No college degree is required, but a passion for social media and excellent communication skills are essential.

Key Responsibilities:

  • Content Creation: Assist in developing and curating engaging and creative content for social media platforms including Facebook, Twitter, LinkedIn, and Instagram.
  • Social Media Strategy: Support the implementation of social media strategies to increase brand awareness, engagement, and followers.
  • Community Management: Monitor and engage with our community across social media platforms, responding to comments, messages, and mentions under the guidance of senior team members.
  • Analytics and Reporting: Help track and analyze social media metrics to assess performance and inform future strategies. Assist in providing regular reports on social media activity.
  • Collaboration: Work closely with the marketing team to ensure consistent messaging and support overall marketing goals.
  • Campaign Management: Assist in planning and executing social media campaigns, including paid advertising campaigns.
  • Trend Monitoring: Stay updated on the latest social media trends, tools, and best practices to keep our social media efforts current and effective.
  • Brand Voice: Help maintain and develop NoGigiddy’s brand voice and ensure all content aligns with our brand values and goals.

Skills and Qualifications:

  • Communication Skills: Exceptional verbal and written communication skills.
  • Creativity: Ability to create visually appealing and engaging content.
  • Technical Skills: Basic proficiency with social media platforms and tools (Facebook, Twitter, LinkedIn, Instagram, etc.).
  • Organizational Skills: Ability to manage multiple tasks and prioritize effectively.
  • Interpersonal Skills: Strong ability to interact with online community members and stakeholders.
  • Analytical Skills: Basic ability to analyze social media metrics and translate them into actionable insights.
  • Problem-Solving: Ability to address and resolve issues that arise on social media platforms.
  • Time Management: Strong ability to manage time and meet deadlines.

Preferred Experience:

  • Experience in social media management, digital marketing, or a related field is a plus but not required.
  • Familiarity with social media advertising and analytics tools is a plus.
  • Previous experience with gig economy platforms or staffing apps is a plus.

Education:

  • High school diploma or equivalent.
  • Relevant certifications or coursework in social media, marketing, or digital marketing are beneficial but not required.

Working Conditions:

  • Remote Work: The role is remote, allowing for flexibility in work location.
  • Collaboration: Regular virtual meetings and communications with the marketing team.
  • Tools: Use of various communication and collaboration tools, such as email, video conferencing, and social media management software.

Salary Range:

  • $20 to $27 per hour, depending on experience and qualifications.

Age Discrimination Guide | Age Discrimination Lawyers

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Age Discrimination Guide | Age Discrimination Lawyers

 

Age discrimination happens far too often in workplaces across the nation. Whether you witness or experience age discrimination, it’s not always easy to identify it or know what to do when it happens. To help you take action that can protect your rights and interests, this guide on age discrimination explains:

 

5 Steps to Document Workplace Discrimination

  1. What Age Discrimination Is 
  2. Signs of Age Discrimination
  3. Age Discrimination Statistics
  4. How to Document Age Discrimination

If you need to talk to an age discrimination lawyer for confidential answers ASAP, simply contact The Spiggle Law Firm for a free, no-obligation consultation.

What Is Age Discrimination?

Age discrimination or “ageism” describes unfavorable treatment of a job applicant or employee due to their age. The Age Discrimination in Employment Act (ADEA) of 1967 establishes protections against age discrimination for individuals who are 40 or older, prohibiting adverse decisions solely based on age during the processes of:

  • Hiring new staff 
  • Assigning roles and/or shifts
  • Making firing choices and layoff decisions
  • Promoting employees or establishing compensation packages
  • Training employees and/or setting them up for advancement 

Notably, the law defines age discrimination as targeting individuals 40 and up; in other words, individuals who are 39 and younger cannot typically bring age discrimination claims under this statute. They may, however, have the grounds to file another workplace discrimination case. 

That’s why it’s crucial to consult with a discrimination attorney whenever you suspect that you have been the target of discriminatory actions at work.

 

Signs of Age Discrimination

Recognizing age discrimination isn’t always easy. It can be less challenging, however, when you know these common signs of age discrimination.

1. Inappropriate Age-Related Comments

Jokes or derogatory comments about age, like calling someone “over the hill” or “too old for this,” can be verbal forms of harassment that may point to more widespread age discrimination. This can be especially true when managers or company leaders are engaging in these comments or implicitly supporting them by ignoring them or laughing at them.

2. Favoritism Toward Younger Employees

Consistently favoring younger employees for promotions, key assignments, or professional development opportunities can be a red flag of age discrimination. This type of favoritism can also occur when it’s time to shift roles, demote certain staff, or make layoffs if an employer is targeting employees over 40 for these negative actions.

3. Hiring Younger Applicants Only

Overlooking older, qualified candidates for job opportunities while hiring younger not as qualified (or even unqualified) applicants can also be a form of age discrimination. Here, it can be difficult to know who’s getting hired and who isn’t, especially if you’re an applicant or you’re not in HR. Looking at current staff — particularly those in lower-lever positions — may provide a window into who the new hires tend to be and what ages they may skew toward.

4. Unfairly Negative Performance Reviews

Older employees may receive unjustifiably poor performance reviews that do not reflect the quality of their work and, instead, are designed to demote them or push them out of a company. When this occurs, it can also be a form of age discrimination. 

5. Age-Based Exclusion 

More mature workers may be purposely kept from joining certain meetings, projects, or social events that could impact career advancement. When that’s happening consistently and not as an oversight, age discrimination could be at play.

6. Retirement Pressure

Leaning on more mature workers to retire or take an early retirement package can be another subtle way age discrimination rears its ugly head in workplaces.

 

Age Discrimination Statistics

The facts and statistics on age discrimination detail just how prevalent and problematic this illegal practice is: 

  1. Prevalence: Nearly 1 in 4 workers age 45 and older have heard supervisors or coworkers make negative comments about their age.
  2. Reporting: Only 40% of workers who experience age discrimination report it to their employer or relevant authorities.
  3. Unemployment: Older job seekers are unemployed for an average of 36 weeks, as compared to 26 weeks for younger job seekers. That means it typically takes more mature job applicants roughly 2.5 months longer than the younger competition to find a job.
  4. Workplace Impact: About 64% of workers say they have witnessed or experienced age discrimination in the workplace.
  5. Job Loss: Older workers are more likely to be laid off and less likely to be rehired than younger workers.

 

How to Document Age Discrimination

Whenever you suspect age discrimination is targeted at you, here’s what you can do to document the incidence(s) and preserve potential evidence for a future claim: 

  1. Keep a Journal: Log details and records of any incidents that you believe could constitute age discrimination. Include dates, times, locations, individuals involved, and descriptions of what happened, including any comments made.
  2. Save Correspondence: Retain any and all emails, text messages, performance reviews, and/or any other written communications that may provide evidence of discrimination. Consider making a backup copy of physical documents by taking photos of them or scanning them.
  3. Gather Witnesses: Identify coworkers or other individuals who witnessed the discriminatory behavior and who may be willing to provide statements. If witnesses do provide statements to you, request that they do so in writing or via a video recording so that you can retain as many details of their statement as possible.
  4. Document Job Performance: Keep copies of job performance evaluations, awards, commendations, and any other documentation that demonstrates your work performance and qualifications.
  5. Talk to an Attorney: Seek legal counsel to get more info about your rights and options.

 

An Experienced Age Discrimination Lawyer Is Ready to Help You

Age discrimination can be traumatic, embarrassing, and financially harmful. It’s also against the law, unethical, and 100% unacceptable. 

If you or a loved one may have been subjected to age discrimination, it’s time to talk to a trusted age discrimination lawyer at The Spiggle Law Firm. We can explain your rights and the best options for justice.

Call (202) 643-5974 or email us for a free, confidential consultation and more answers about a potential age discrimination claim. 

At The Spiggle Law Firm, our 5-star lawyers represent clients in all types of age discrimination claims, providing strategic representation in and out of the courtroom while consistently fighting for justice, the maximum possible recoveries, and the best possible resolutions.

US Department Of Labor: Violations And Settlements – July 1 To 15, 2024

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US Department Of Labor: Violations And Settlements – July 1 To 15, 2024




US Department Of Labor: Violations And Settlements – July 1 To 15, 2024 – ELH / HR4Sight




















































Each month, the United States Department of Labor (US DOL or DOL) issue violations and settles cases covering the federal laws they are responsible for enforcing. These federal laws include:

Below is a list of violations and settlements issued by the DOL from July 1 to July 15, 2024.

FLSA Violations and Settlements

OSHA Violations and Settlements

Employee Retirement Income Security Act (ERISA)

H-2B Program

Previous Article

Equal Employment Opportunity Commission EEOC on a desk.







Remote Knowledge Manager at komoot

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Remote Knowledge Manager at komoot

Time zones: SBT (UTC +11), GMT (UTC +0), CET (UTC +1), EET (UTC +2), MSK (UTC +3)

About komoot

Komoot is an app that lets you find, plan, and share adventures with its easy route planner. Driven by a love for nature and powered by the outdoor community’s recommendations, komoot helps you explore more of the great outdoors—wherever and however you want. And we’re good at it. Google and Apple have listed us as one of their Apps of the Year numerous times. Today, with over 40 million users and 300,000 five-star reviews, we are well on our way to becoming the most popular app for finding, planning, and sharing adventures worldwide. 

Join our 100% remote team and start your adventure with komoot.

About the role

Are you passionate about how amazing  self-service can transform the support experience? Excited about the opportunities presented by AI to create those great experiences? 
We’re looking for a dedicated Knowledge Manager who’ll take on ownership of our support center. You’ll have the freedom to shape and optimise our self-service resources, ensuring they’re a great resource not only for our users but also for AI solutions that we want to implement. 
If you’re interested in technology, have a knack for creating crystal-clear support documentation, and understand what it takes to create a seamless experience where customers can find answers to their questions independently, this might be the role for you. You’ll be working alongside Chris and our entire Support team. 

Ready for your next adventure?

What you will do  

Develop and maintain support documentation, including FAQs, troubleshooting guides, and best practices, including internal documentation as needed. 

Regularly update and revise existing content to reflect changes in products, services, or processes.

Implement strategies for capturing and disseminating knowledge within the team.

Conduct audits of support content to ensure accuracy, relevance, and consistency.

Gather feedback from team members and users to identify areas for improvement and address any gaps in knowledge.

Explore and implement new tools or technologies to enhance knowledge management processes and workflows.

Collaborate with Product Managers, developers, and QA to ensure technical specifications of new features are adequately documented. 

Monitor KPIs related to support content usage and effectiveness, such as content views, feedback ratings, and resolution rates.

Analyse trends and patterns in support interactions to identify opportunities for pre-emptive content creation and proactive support measures.

Why you will love it 

Your work will contribute to helping millions of people enjoy lovely outdoor experiences.

We’ve been a remote-working company since 2017, meaning: We are remote by default, have frameworks and systems in place, and know how to do it well.

You can work from wherever you want, be it a beach, the mountains, your house, or anywhere else that lies in any time zone between UTC-1 and UTC+3.

We have your costs covered for your co-working space membership or your work-from-home office setup and the latest devices and equipment to do your best work.

You’ll become an essential part of our diverse and international team with colleagues based in 20+ countries across Europe.

38 paid days off (inclusive public holidays) – you are free to take those days whenever it suits you, including a well-deserved winter holiday break.

We love seeing people grow. That’s why each team member gets €2,000 and 3 additional days to spend on professional development each year. Classes, conferences, books – your choice!

You’ll be successful in this role if you

Are fluent in English and German.

Have 3+ years of experience in knowledge management, content management, or a related field.

Have demonstrated experience in developing and maintaining support documentation or similar knowledge resources.

Have managed the localisation of that documentation into different languages.

Have a good understanding of HTML and CSS for formatting and styling content.

Are familiar with best practices in knowledge management, including taxonomy development and content categorization.

Are interested in AI and familiar with using AI to speed up content production, or with creating content to be read by an AI. 

Excellent communication and interpersonal skills, with an ability to collaborate effectively with diverse teams.

Have strong organisational skills and attention to detail to ensure accuracy and completeness of support content.

Are adaptable and willing to learn new technologies and processes.

Can put yourself in the shoes of a customer and anticipate their questions/needs. 

Are proactive and driven, able to pull information from across the company. 

Have strong writing and editing skills, with an ability to convey complex information in a clear and concise manner.

Not sure if you meet all requirements above? Don’t sweat it – if you think you’re the right person anyway, we’d love to hear from you!

Curious about how we work? 

Core Communication time between 10 am – 3 pm (Berlin Time). We know people have different lifestyles, which is why we have flexible working hours with core time for synchronous interaction. You can organize your workday in the way that best suits you, your family, and your needs.

We work on a project basis in cross functional teams to ensure that we collaborate on our goals, move forward smoothly with open lines of communication, and achieve results as a team.

Every Monday morning, we have a whole-company presentation where you hear about projects across the business, inspire each other, and share great work.  

We connect in person at three whole-company gatherings each year in beautiful locations. You can check out this playlist to find out more about how we stay close while being remote.

We use tools like Trello, Slack, Miro, Zoom, and Google Workspace on a daily basis to stay connected, collaborate easily, and manage projects.  

Dive a little deeper and learn…

More about our recruitment process, salary and FAQs here:

We support diversity and inclusivity and welcome all prospective applicants.  We have an ongoing recruitment process (no deadlines) – if this role is online, it means it’s still open!

No one likes a bitter end, especially when it may cost $50,000: Employers beware of how you terminate an employee

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No one likes a bitter end, especially when it may cost ,000: Employers beware of how you terminate an employee

aggravated damages

Aggravated damages can be awarded to terminated employees if there has been a breach of the employer’s duty of good faith during the dismissal process. Recently, in Krmpotic v. Thunder Bay Electronics Limited, 2024 ONCA 332, the Court of Appeal for Ontario awarded an employee $50,000 in aggravated damages because the dismissal process was not carried out in an honest manner.

Facts

Mr. Krmpotic began his career with his employer in 1987. After nearly 30 years of service his employment with the company ended two hours after returning from a medical leave.

The employer offered Mr. Krmpotic a severance package totaling 16 months’ salary which he refused. Mr. Krmpotic then initiated a wrongful dismissal lawsuit against his former employer. In his lawsuit he claimed both damages for mental distress and aggravated/moral damages. It is important to note that Mr. Krmpotic did not present any medical evidence at his initial trial to support his argument that the manner of dismissal had caused him mental distress.

Mr. Krmpotic was awarded 24 months of notice and $50,000 as aggravated/moral damages. The trial judge did not award damages for mental distress because of the lack of medical or psychological evidence.

The employer appealed the aggravated damages award, among other things, to the Court of Appeal for Ontario.

Court of Appeal’s decision

The Court of Appeal found that the finding that Mr. Krmpotic was plagued by anxiety, depression, poor sleep, and feelings of helplessness was open to the judge, despite the lack of medical proof. This evidence was introduced at the trial by way of affidavits from Mr. Krmpotic, his wife, and his son.

Secondly, the court rejected the employer’s argument that the trial judge erred by considering damages for mental distress and aggravated damages separately. The employer tried to argue that the trial judge could only award damages for mental distress if there was evidence of both mental distress (beyond the normal distress resulting from dismissal), and that the mental distress was caused by the manner of dismissal.

However, the court rejected this argument as being too narrow. The court reminded the parties that mental distress is a broad concept that exists on a spectrum, from a diagnosable psychological condition on one end, to the normal distress resulting from dismissal on the other end. In between these two end points, there is a spectrum along which the manner of dismissal has caused mental distress that does not reach the level of a diagnosable psychological injury.

Therefore, the fact that Mr. Krmpotic had not established causation through medical evidence did not preclude him from being awarded aggravated damages. The court found that the employer’s conduct nevertheless did result in a breach of its duty of honest performance because the employer was not candid or forthwith during the termination process. For example, the employer claimed that Mr. Krmpotic had been dismissed for financial reasons, but at trial, refused to produce financial statements to support this claim. The court found that Mr. Krmpotic was terminated mainly for his physical limitations resulting from his back injury. Also, the employer’s conduct was unduly insensitive, terminating him two hours after returning to work from his back surgery.

Takeaways

  1. Employers need to be aware that claims for mental distress will not be quashed due to lack of medical evidence and should be prepared to respond to an employee’s evidence.
  2. An employee can still succeed in being awarded aggravated damages even if they are not awarded mental distress damages.
  3. When awarding these damages, a court will scrutinize an employer’s conduct during the dismissal process – employers should strive to be honest, forthwith and candid with employees during the process in order to avoid these types of awards.
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Beyond Automation: How AI Empowers Women in Tech Leadership

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Beyond Automation: How AI Empowers Women in Tech Leadership

The tech industry has long struggled with gender diversity, but a new wave of innovation is changing the game. Artificial Intelligence (AI) is emerging as a powerful tool for women looking to shatter glass ceilings and rise to leadership positions. While automation is often the first thought when it comes to AI, the true potential lies in its ability to empower human potential, particularly for women in tech.

Here’s how AI is fostering a more equitable landscape for women leaders:

Sharpening Strategic Focus

The relentless cycle of data analysis and report generation can consume a significant portion of a leader’s time. AI automates these repetitive tasks, freeing up women in tech leadership for the activities that truly drive business value. Imagine a CTO being bombarded with spreadsheets and reports. AI can take over the burden of data crunching, trend identification, and even generate automated reports with clear visualizations. This frees up the CTO’s valuable time for strategic planning – identifying emerging market opportunities, crafting long-term technology roadmaps, and aligning tech initiatives with overall business goals. Instead of being bogged down in the weeds, women leaders can focus on the big picture, fostering innovation and leading their teams towards groundbreaking new projects.

Data-Driven Decision Making

Traditionally, decision-making, especially in leadership roles, has often relied on experience and intuition. While valuable, these can be susceptible to unconscious bias and incomplete information. AI injects a powerful dose of objectivity into the process. AI tools can analyze vast amounts of data in real-time, uncovering hidden patterns, identifying customer trends, and predicting market shifts. Women leaders can leverage these AI-powered insights to make informed choices. Imagine a CEO needing to decide on a new product launch. AI can analyze competitor data, customer reviews of similar products, and even predict potential market response to different pricing strategies. Armed with this data, women leaders can build stronger business cases, backed by concrete evidence. This data-driven approach fosters confidence and empowers women leaders to champion their ideas with greater conviction, ensuring their voices are heard in the boardroom.

Building Inclusive Teams

The tech industry has a well-documented problem with unconscious bias in hiring, often leading to homogenous teams lacking diversity of thought. AI-powered recruitment tools can be a game-changer. These tools go beyond resumes and focus on skills assessments, filtering candidates based on demonstrably relevant qualifications. This objective approach helps to level the playing field for women in tech, ensuring their skills and experience are fairly evaluated. By mitigating bias, women leaders can build diverse and talented teams that bring a wider range of perspectives to the table. This diversity of thought is a breeding ground for creativity and innovation. Imagine an all-female engineering team working on a new product. By incorporating AI-powered recruitment, the leader can build a team with not only strong technical skills but also diverse backgrounds in areas like user experience design or mechanical engineering. This cross-pollination of ideas leads to more well-rounded solutions and fosters a more productive and engaging work environment for everyone.

Mentorship and Upskilling

The tech industry is constantly evolving, and the skills needed for success are always changing. Traditional leadership training programs can be one-size-fits-all, failing to address the specific needs of individual leaders. AI-powered learning platforms take a more targeted approach. These platforms leverage machine learning algorithms to assess a leader’s strengths, weaknesses, and knowledge gaps. Based on this data, the platform curates personalized learning paths with relevant courses, bite-sized learning modules, and even virtual coaching sessions. Imagine a CIO facing the challenge of implementing a new cloud computing strategy. An AI-powered platform can identify her knowledge gaps in security protocols or cost optimization. The platform can then recommend specific courses, connect her with virtual mentors who have expertise in cloud migration, and even provide personalized simulations to practice decision-making in complex scenarios. This continuous learning empowers women leaders to stay ahead of the curve, develop critical leadership skills like adaptability and strategic thinking, and prepare themselves for even greater challenges as they navigate their careers.

The impact is already being felt across industries. Companies like IBM are utilizing AI-powered mentoring programs to equip women with the skills and confidence needed to thrive in leadership roles [1].

It’s important to remember that AI is a tool, and like any tool, its effectiveness depends on how it’s used. Ensuring fairness and mitigating bias in AI development remains crucial. However, the potential for AI to empower women in tech leadership is undeniable. As AI continues to evolve, it has the potential to unlock a future where tech leadership reflects the diversity of the world we live in.

[1]: https://www.ibm.com/downloads/cas/QPWGWWEK 

Explore more:

PAGA Reform Deal In Place!

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PAGA Reform Deal In Place!

California’s legislative leaders and Governor Newsom reached an agreement on reforms to the Private Attorney Generals’ Act which will change the landscape of PAGA going forward. PAGA has cost businesses billions of dollars in penalties and legal fees over the course of 20 years. With the new deal, business group leaders have finally secured long-awaited reforms, including restrictions on the duration of filing claims, limits on damages, and a higher proportion of payouts allocated to workers rather than Plaintiff’s lawyers.

The deal was announced in advance of the June 27 deadline in which a legislative measure qualifies for the November 5 general election.

Below are the proposed reforms under the PAGA reform proposal and how the anticipated effects on PAGA enforcement and litigation.1

Restructuring Penalties

  • The new deal encourages compliance with labor laws by capping penalties for employers who promptly rectify policies and practices upon receiving a PAGA notice, and for those who proactively ensure compliance with labor codes before any notice.
  • Introduces higher penalties for employers engaging in malicious, fraudulent, or oppressive conduct in violating labor laws.
  • Increases the percentage of penalty funds allocated to employees from 25% to 35%.

Streamlining Litigation

  • Expands the range of Labor Code sections that can be cured to minimize litigation and swiftly resolve employee grievances.
  • Enhances protections for small employers by establishing a more robust cure process through the Labor and Workforce Development Agency (LWDA), aimed at reducing litigation expenses.
  • Formalizes the court’s authority to narrow the scope of claims during trial to improve case management efficiency.

Enhancing Injunctive Relief and Standing

  • Empowers courts to issue injunctive relief mandating workplace changes to address labor law violations.
  • Requires employees to have personally experienced alleged violations when bringing claims.

Boosting State Enforcement

  • Grants the Department of Industrial Relations (DIR) expedited hiring capabilities to swiftly fill vacancies and enforce labor claims effectively and promptly.

Overall, the deal provides a meaningful victory for employers which will aim to reduce litigation expenses for businesses and streamline the PAGA legislation to continue to provide meaningful protection to employees, while allowing businesses that are acting in good faith to limit their exposure.

We will continue to provide updates as the deal is signed into law as new legislation.

  1. The legislation remains to be passed and signed into law by the Governor. ↩︎

Contra: Part-Time Full Stack Engineer

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Contra: Part-Time Full Stack Engineer

Headquarters: San Francisco, CA

URL: http://bit.ly/3kLhMdk


Contra is seeking a Part-Time Full Stack Engineer. This role is perfect if you are excited to contribute to landing pages, SEO, generative AI projects, and product integrations.


This is a part-time contract position for ~20 hours / week.

Responsibilities:
  • Develop and optimize landing pages to enhance user experience and conversion rates.
  • Implement SEO best practices to improve website visibility and traffic.
  • Contribute to the creation and deployment of generative AI features.
  • Manage integrations with other systems and platforms to ensure seamless functionality.
  • Collaborate with the team to identify and solve complex technical issues.

To apply: https://weworkremotely.com/remote-jobs/contra-part-time-full-stack-engineer-1

Non-financial Misconduct – A Guide for HR, Part 2 (UK): FCA Proposals – What Will They Change?

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Non-financial Misconduct – A Guide for HR, Part 2 (UK): FCA Proposals – What Will They Change?

Non-financial Misconduct – A Guide for HR, Part 2 (UK): FCA Proposals – What Will They Change?

The FCA’s consultation paper (CP23/20) proposes a framework to establish and define the minimum standards expected from regulated individuals in the financial services sector. Specifically, it clarifies the FCA’s expectations around non-financial misconduct (NFM). But, if implemented, will these proposals actually change anything?

We think these rules would have a direct effect on the conduct of workplace investigations and could (if properly enforced) prompt a change in the culture of regulated firms.

Investigations

The FCA’s proposed rules do not dictate how workplace investigations take place.  However, they will have to be considered throughout an investigation into this sort of conduct. Where an individual’s conduct breaches both a firm’s internal policy and the FCA’s standards, the two sets of rules will interact. With the FCA clearly setting out when NFM will be in scope of its regulatory standards, we expect that more and more workplace investigations will have to take the FCA’s rules into account, not so much in how the investigation is carried out but rather more in the conclusions they reach and the outcomes they lead to. 

When a report or grievance includes an allegation of NFM, it must now be treated even more carefully.   Hitherto it has been hard to bring complaints of bullying or harassment, for example, under the whistleblowing regime, since it could always be said that they represent just an issue between two employees and so lack the public interest element required to make them into protected disclosures.  However, if the FCA is to say that such behaviours amount to non-financial misconduct that is relevant to the proper operation of the UK’s banking and finance sector as a whole, a public interest element can no longer be denied.  That of course means much increased scope for disgruntled employees to make some allegation around bullying or harassment (and we note that both are issues very much in the eyes of the beholder) and then allege that those allegations amounted to whistleblowing and any subsequent employer conduct which displeases them is retaliation.  No one would encourage or condone such retaliation, but there would undoubtedly be a heavier obligation on the employer to be able to evidence some reason for its allegedly less favourable treatment of the employee other than his/her reports of NFM.

Making a decision following an investigation must also be done with care, and at the right time. Previously, when some questionable conduct occurred, a regulated firm had discretion as to whether it warranted disciplinary action, let alone in reporting to the FCA. Clearer guidance from the FCA as to what will be seen as significant from the regulatory perspective reduces this discretion.

If the effect of the new FCA rules is that a firm has little option in a given case but to deem someone no longer fit and proper, then it will need to remove that employee from their regulated functions. This possibility should be identified at the earliest possible stage. For example, let’s say following a disciplinary investigation into bullying in the workplace, it is held that a manager should be disciplined but not dismissed. Then, only after this investigation is concluded, the FCA’s rules are considered, and these rules dictate that in these particular circumstances the manager must now be deemed unfit to carry out regulated activities and therefore cannot do their job. You are left with an employee who is unable to do their job but has been told that their conduct was not so serious as to justify dismissal. That would lead to a very awkward conversation. To avoid such a thing occurring, you must consider how the FCA will regard the alleged conduct as soon as possible in the investigation as there is now less scope to mould the regulatory response around the internal one later down the line – in fact, the internal response will likely need to be moulded around the regulatory one. In that way, it seems that the FCA’s opinion on these matters will gain more prominence and greater influence on how regulated employers treat particular instances of misconduct. 

While the proposed guidance notionally increases clarity, it is complex and in some respects asks more questions than it answers.  Given the potentially serious professional consequences for individuals found guilty of NFM, we could see employees and their lawyers debating how the detail of the rules will apply in their specific circumstances.  New light is likely to be forced into the cracks between purpose and effect in harassment cases and for issues of broader management behaviours, the difference between bullying on the one hand and a really clunky management style on the other.  These are distinctions which may mean little to the employee on the receiving end but could be the difference between career life and death for regulated staff.  It will therefore be important for those within the firm who are responsible for spotting and responding to NFM to be comfortable about exactly what it is.  When the new rules come out in their final form, HR teams may want to seek specialist training on this.

Culture

The FCA’s proposed reform of the Conduct Rules has the aim of creating a healthy culture. This focus on culture is nothing new – in fact, it is very old. Unsurprising though, as the culture of the financial services industry is commonly held as the root cause of the global financial crisis, the exact thing the FCA seeks to prevent recurring.

However, the FCA appears to be working on the premise that removing individuals who undertake NFM will prevent unhealthy cultures – the idea that one bad apple can spoil the barrel. But what if it’s the barrel which is spoiling the apples? Where a culture is already so unhealthy that it encourages misconduct, focusing only on individuals one at a time may not address the underlying problem. The FCA’s answer in this situation is just to remove the barrel altogether, by preventing the whole firm from carrying out any regulated activities (though as stated in our previous blog, we believe this this move would be unlikely in all but the most extreme cases).

The FCA states that tackling NFM by individual will have a wider positive effect on culture. They state that NFM reduces psychological safety and inhibits the “speaking up” of employees. If nobody “speaks up”, the conduct can’t be challenged and therefore it is allowed to continue, whereas if it is seen to be tackled, then this will encourage others to come forward and therefore promote a healthy culture. Hence larger firms will need to gather data and report on their level of “inclusivity” – including whether staff feel able to “speak up”.

But could this overt focus on culture encourage firms to hide, rather than address, an unhealthy culture?  Historically, the risk of vicarious liability for the misconduct of an employee has acted as a strong incentive for firms to focus on neutralising the complaint rather than tackling the perpetrator. It may have been seen as desirable to stonewall a complainant, encourage them to sign a settlement agreement, and (all too often) leave their employment.  So will more stringent rules and harsher sanctions regarding “culture failures” only increase the appetite for firms to suppress a complaint?  To tip the balance, and force firms to address issues head on, the FCA’s proposals will need to come with some powerful incentives or disincentives.  Firms will either need to wholeheartedly buy in to the concept that a good culture is good for business or be convinced that poor handling of non-financial misconduct will come to the attention of the FCA and be sanctioned.

This remains a proposed framework, but the FCA’s focus on tackling NFM is clear. Only time will tell whether more established rules around NFM create any change – in conduct or culture. The second video to accompany this series is available here.

Resource Centre

Our dedicated Financial Services and Employment Resources webpage will be updated on a regular basis to upload our video series and provide additional useful and supplementary resources.

If you missed Part 1 of this series, it’s available to read here.

Need a Job Fast? 12 Actionable Steps to Land Employment Quickly

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Need a Job Fast? 12 Actionable Steps to Land Employment Quickly

Need a Job Fast? 12 Actionable Steps to Land Employment Quickly

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