On 7 July 2021, the UK regulators published a joint discussion paper setting out policy options to drive diversity and inclusion in financial services. In this wide-ranging and significant paper the regulators expressly state that they will be embedding Diversity and Inclusion (D&I) into existing supervisory practices. The FCA will be using responses from this discussion paper, along with ongoing conversations with industry and stakeholders, to refine their supervisory approach to more clearly take account of D&I. Firms should take note and consider how they are placed to navigate this new landscape.
In this article we summarise key considerations for firms and, below, reflect on practical next steps:
1. Leadership and culture
Regulators expect leaders at all levels of a firm to play a pivotal role driving the culture of a firm. Senior leaders should foster an inclusive culture and a psychologically safe environment where staff can speak up and their diverse contributions are valued. Boards are expected to monitor and challenge progress on D&I both in the firm’s construct and in the way it does business. Boards themselves should be representative with a diverse succession pipeline.
Firms should link D&I to the personal objectives of Senior Management. Firms should develop frameworks and metrics linked to advancing D&I when setting variable remuneration awards. Firms are encouraged to monitor and evaluate progress and to collect qualitative and quantitative data for performance management purposes. The paper also sets out regulatory expectations for remuneration committees to have oversight of how obstacles that give rise to pay gaps and other adverse D&I outcomes are managed.
3. Firm wide policies and practices
3.1 Firms should review their D&I policies forming the foundation of the firm’s strategy. It should also communicate expectations on staff, objectives and what good looks like.
3.2 Firms need to address the issue of attrition of diverse employees before they reach senior management, or failure to promote diverse candidates.
3.3 The regulators are considering setting quantitative or qualitative targets for under-represented groups. Regulators are also considering requiring firms to disclose publicly a selection of aggregated diversity data.
4.1 From our experience, Senior Managers benefit from training on diversity and inclusion issues as well as training on how to foster a psychologically safe environment where sensitive issues may be discussed. Firms should explore scenario-based training, as opposed to theory-based training, to bring to life the firm’s D&I strategy.
4.2 ESG issues are increasingly rising to the top of the agenda for investors and society. There is evidence that firm cultures that are inclusive and receptive to employees are likely to generate better judgements, reduce the risk of groupthink, and therefore be more sustainable and resilient.
5. Regulatory measures
5.1 The paper suggests that regulators are exploring whether adverse findings in relation to individuals’ conduct with regard to D&I issues could affect the regulators’ assessment of fitness and propriety in the future. FCA guidance may follow as to how such behaviour or failure to take reasonable steps to address these kinds of behaviours could result in a breach of the Conduct Rules.
5.2 Where regulators have concerns that a proposed Senior Manager or Board appointment would worsen or not address risks arising from a lack of diversity and prevalence of groupthink they will consider whether this comprises grounds for withholding approval.