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Author: Heath Buck, 7th May 2015
2015 impact of new Regulations on Financial Services HR Departments
This presentation explains some of the impact on HR departments of the new regulations on accountability from the FCA and PRA. If you work in a Financial Services HR Department and you believe your organisation might be affected you should seek support as soon as possible.
Author: Heath Buck, 7th May 2015
Previously….
Impact of Regulation Changes on HR in Financial Services
Now…. FCA & PRA
Focus on a small number of individuals
FCA & PRA
Use firms as mini-‐regulators to ensure fitness & propriety of staff
Regulatory Change is coming in 3 @ers….
1. Senior Manager’s Regime • Replaces the current Significant Person FuncAon of the Approved Persons Regime. • Will ensure there is an individual accountable for every regulated acAvity. • Reverse burden of proof means Senior Managers must be able to show they have taken reasonable steps to prevent
regulatory breaches. 2. Certification Regime
• Is a new Aer of people who perform funcAons which represent a “significant risk or harm” to the firm itself or customers and must be approved as fit and proper.
• The firm itself carries out the cerAficaAon. 3. Conduct Rules
• Will cover all remaining employees except staff who’s duty would be the same in any industry (e.g. cleaners, recepAon).
The above regulaAons may transfer a lot of HR acAviAes from following discreAonary objecAves to meeAng compliance requirements as shown in the next two slides…
Author: Heath Buck, 7th May 2015
Current people objectives across the employee journey
I AM RECRUITED EMPLOYEE JOURNEY
ADDED VALUE OBJECTIVES
COMPLIANCE OBJECTIVES
I AM MANAGED I EXIT
Paid correctly and on Ame
• Objectives have been separated from tools (e.g. performance is an objective, appraisals are a tool) • “Compliance” activities are something that must be done, where as “Added Value” does not have to be done, but the degree to which it is done could
impact the employer
Systems access iniAated
Conduct & behaviours
RemuneraAon at the right
level
Performance
Culture
Succession
Poor staff exited
Finds candidates
Staff developed
Staff handover
Onboarding
Systems access
Quality candidates sourced
Systems access
removed
Staff engaged
Employer brand
managed
Compliance training
EffecAve organisaAonal
structure
Employee RelaAons cases
managed
Management within legal parameters
Lawful exit (fair dismissal
process)
Exit data gathered Clear
responsibiliAes for each job
Quality candidates selected
Suppliers managed
Return of company equipment
Background checks
People Strategy
Employers have had a lot of discretion on how they manage their people. The HR function was an additional cost base which would be invested in if the employer felt it would add enough value.
Author: Heath Buck, 7th May 2015
Regulations impact!
I AM RECRUITED EMPLOYEE JOURNEY
ADDED VALUE OBJECTIVES
COMPLIANCE OBJECTIVES
I AM MANAGED I EXIT
Paid correctly and on Ame
Systems access iniAated
Conduct & behaviours
RemuneraAon at the right
level
Performance
Culture
Succession
Poor staff exited
Finds candidates
Staff developed
Staff handover
Onboarding
Systems access
Quality candidates sourced
Systems access
removed
Staff engaged
Employer brand
managed
Compliance training
EffecAve organisaAonal
structure
Employee RelaAons cases
managed
Management within legal parameters
Lawful exit (fair dismissal
process)
Exit data gathered
Quality candidates selected
Suppliers managed
Return of company equipment
Background checks
People Strategy
Employers will now be expected to prove to the regulator certain activities will be taking place.
Some of the “added value objectives” will have an impact on “compliance objectives” that they could also be moved into that section (e.g. performance, succession).
Clear responsibiliAes for each job
Author: Heath Buck, 7th May 2015
What you should be doing next…
Item Ac@on The regulaAons are not yet final! Ensure a good regulatory feedback loop. Work with retained lawyers or other financial regulaAon
experts, HR’s job is to translate their experAse into a tacAcal plan for the firm.
Become friends with risk/compliance
Risk, compliance, and HR will all need a strong harmonious relaAonship to deliver the requirements of the new regime, start to setup those workshops, meeAngs, and discussion groups.
IdenAfy individuals who will be captured by the new regulaAons
Start to coach them through the likely impact. Understand what support they will need. Ensure they are ready for the incoming
Define reporAng lines and responsibiliAes
All regulated acAviAes should be assigned to an individual who has responsibility. Start working on the assumpAon the “prescribed responsibiliAes” will come into force and any transiAon is likely to be smoother.
Processes What happens and when? How are new people captured? What trigger’s a report to the regulator of non-‐compliance? There needs to be clear workable processes.
Systems! With the reverse burden of proof you will need evidence of compliance (responsibility map should be in a single up to date document, you must demonstrate reasonable steps taken to comply). To avoid be swallowed by administraAon you will need systems to manage your evidence base.
Training Start a rolling training program: -‐ New employees will need inducAons. -‐ How will you cerAficate new employees (you have 4 weeks to do so!) -‐ What core training is needed to ensure compliance -‐ Provide guidance manuals and support for senior managers
Equip your HR team HR will need a logical and systemaAc approach if they are to deliver compliance without becoming overwhelmed with work. This may require support and training. You might need to consider taking on addiAonal support for an interim period to deliver what is needed. This affects your most senior stakeholders – gedng it right is essenAal!
Author: Heath Buck, 7th May 2015
Appendix 1 - HR Tools
Employment Contracts
Background checking
Management Advice
Occupational Health
Coaching
Appraisals
HR Systems
Recruitment
E-Learning
Training
Whistleblowing
Exit Interviews
Policies
Management information and reporting HR Admin
To provide clarity on the difference between HR objectives and HR tools used to achieve those objectives, I have included a list of the primary tools HR departments use. Different departments will use a different mix of tools according to their needs and resources.
The tools highlighted in red are likely to rise in prominence when the new regulations are implemented.
Author: Heath Buck, 7th May 2015
Appendix 2 - Heath Buck Overview
Profile: Request my CV for full details. My Linked In profile shows my work based references from Board Directors and Heads Of HR that I have previously devlivered for: heps://uk.linkedin.com/in/heathbuck
• Successful HR generalist with experience of managing HR departments through periods of significant change.
• Lead financial services HR teams through significant HR controls audits to receive performance awards for our improved delivery.
• Performance award from Barclays for delivery of HR response to an FCA skilled persons audit.
• 6-Sigma and PRINCE2 project management qualified.
Financial sector companies I have worked with include: • NEST Pension Fund (National Employment Savings Trust) • Barclays Bank • Mizuho Corporate Bank • State Street Bank and Trust