FAQs: Disciplinary warnings; fixed-term contracts; redundancy procedures

Additions to the FAQs section cover disciplinary warnings, fixed-term contracts, redundancy procedures and financial services. 

Disciplinary warnings

• Where an employee is given a warning for a particular conduct issue, but then commits a different type of misconduct, can the employer move to the next stage of the disciplinary procedure to address that issue or must it start a separate procedure?

Fixed-term contracts

• If a fixed-term position becomes permanent, should the current post-holder be offered the permanent position, or should the position be advertised first?

Redundancy procedures

• If an employee who is at risk of redundancy goes off sick during the consultation process, how should the employer handle the situation?
• In a redundancy situation, how should an employer select which employees to make redundant?

Financial services

• Who is ultimately responsible for an employee in a financial firm who contravenes the personal account dealing rules set out in the Financial Services Authority's New Conduct of Business Sourcebook?
• What sort of records should employers in the financial sector keep in relation to personal account dealing?
• Why should financial firms have a gifts and inducements policy?
• Which employees does the Financial Services Authority hold responsible for a financial firm's compliance with its rules?
• What responsibility does a chief executive of a financial firm have in relation to compliance with the Financial Services Authority regulatory system?
• What is the responsibility of non-executive directors of financial firms in relation to compliance with the Financial Services Authority regulatory system?
• Under the Financial Services and Markets Act 2000, can an unregulated firm issue or approve a financial promotion?
• Can the Financial Services Authority take action against an unregulated firm that carries on a regulated activity?

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