The Work Couch: Non-financial misconduct, regulation and the law (Part 3): Creating a "Speak Up" culture and post-investigation actions

Welcome to The Work Couch, the podcast where we discuss all things employment.

Later this year, extensive regulatory and legislative reforms will transform how employers tackle bullying, harassment and other toxic behaviour at work. In particular, the Financial Conduct Authority has now finalised its non-financial misconduct guidance, with significant changes coming into force on 1 September 2026. And alongside that, the Employment Rights Act 2025 will introduce a suite of reforms on 1 October 2026, aimed at strengthening protections against harassment at work and changing how employers approach prevention.

So, to help employers navigate and prepare for the new regime, we're devoting our latest three-part mini-series to the topic of non-financial misconduct or "NFM".

In the third and final part of our mini-series, host Ellie Gelder is joined by Sybille Raphael, joint CEO at whistleblowing charity Protect and Patrick Brodie, partner and head of RPC's Employment, Engagement & Equality team. Sybille and Patrick share their insights on:

• the increasingly prominent role of NFM in cases of whistleblowing;
• the regulatory, legislative and cultural impetus to tackle NFM;
• why people find it hard to blow the whistle about NFM and how employers can empower their employees to speak up;
• balancing responsibilities to the whistleblower, the alleged wrongdoer and witnesses;
• what "good" looks like when we talk about "Speak Up" cultures;
• how to assess if your organisation's process for reporting and investigating NFM is working;
• specific actions that employers might consider taking after a formal investigation into NFM has concluded; and
• Sybille and Patrick's key practical takeaways.

Listen to parts 1 and 2 of this Work Couch mini-series on Non-financial misconduct, regulation and the law: 

• Part 1: What’s on the horizon for 2026? with Macaela Joyes and Whitney Simpson
• Part 2: Key watch-outs before and during an investigation, with Kelly Thomson and Charlotte Reid

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All information is correct at the time of recording. The Work Couch is not a substitute for legal advice.

References

1. Report by Acas: How prevalent is individual conflict at work in Great Britain in 2025? (20 November 2025)
2. Report by Protect: Attitudes to whistleblowing – from Gen Z to Baby Boomers (24 June 2025)
3. Research by Mental Health First Aid England for My Whole Self campaign (10 February 2026)
4. Protect's Whistleblowing Benchmark tool

About Protect

Protect has over 30 years' experience helping employers diagnose system weaknesses, develop triage models, and strengthen speak-up culture. Protect sees over 3,000 new cases annually, giving a uniquely broad evidence base on emerging patterns. Protect has shaped the thinking around whistleblowing since 1993, helping Parliament and regulators set the rules and intervening in major appeal cases.