It has now been approximately 4 months since the SRA’s new rules on unfair treatment and challenging behaviour came into force. Having now advised on a number of these cases, it is becoming clear that the new rules, whilst undoubtedly well intentioned, are not straightforward to navigate and present a number of practical challenges for firms.
In this Ten(ish)-Minute Talk, our Regulatory and Professional Discipline Partner, Andrew Pavlovic, and Managing Partner, Clare Murray, reflect on the sort of cases we are seeing in practice, the challenges those cases have presented, and explore how firms can address those challenges through focussed training and clear policies.
Andrew and Clare discuss:
- How to determine what unfair treatment means in a regulatory context
- When robust performance management crosses the line and can constitute bullying
- How to challenge behaviour where there are disputed facts – is an investigation required to establish whether the allegedly unfair or disrespectful conduct did occur?
- How training can play an important role in bringing partners around the table, to try and reach a consensus around the sorts of behaviours which the firm considers to be unfair and should be challenged
- Why clear policies, including a partner policy on how to challenge unfair behaviour, are important to ensure a consistency in approach and reporting, and to help the firm spot early and address patterns of unfair behaviour
If you have any questions arising from this video, are interested in partner behavioural training, or would like to discuss any issues relating to SRA investigations and regulation, please contact our Partner Andrew Pavlovic, who specialises in regulatory and professional discipline law, or our Managing Partner Clare Murray, who specialises in partnership and employment law.
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