Is the process for dismissal different for regulated employees?
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Dismissing regulated employees raises a host of additional considerations above and beyond a 'standard'dismissal. As regulated employees are required to meet the standards set out by the Financial Conduct Authority (FCA) to show they are 'fit and proper', the FCA needs a full explanation from you as to why the employment has terminated. Depending on the reason for the dismissal, the FCA may need to assess whether there are grounds to revoke the individual's authorisation, or impose a fine, particularly if the reason is related to dishonesty or financial misconduct.

If your company carries out regulated functions which requires that you have at least one approved person, but does not require all employees to be approved, you may also need advice on how to ensure your firm can continue to meet its own requirements to the FCA, so that a dismissal does not impact on its ability to continue operating.

Our team can help you to ensure that all steps necessary for dealing with the dismissal of a regulated employee are met, and encourage as seamless a transition as possible. We can also advise you on the legal requirements around providing a regulatory reference.



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