Posts Tagged ‘fit and proper test’

Fit and Proper Test

July 14th, 2011

Following recent news headlines about journalists illegally accessing personal data there has been much discussion about the “fit and proper” test and in particular how such a test could be applied by Ofcom with respect to the future ownership of BSkyB.  So what is a “fit and proper” test?

Fundamentally a fit and proper test is subjective, it is applied in context of a role or position to be undertaken.  For example if you were to apply such a test to a Doctor or GP then it would be very different to a fit and proper test of someone who is to control a large media organisation.

For some employment roles the fit and proper test has been developed and documented with detailed guidelines. The FSA for example has already dealt with the issue of a “fit and proper test”, comprehensive details are published in the FSA handbook.  The FSA test, which is applied to all FSA approved persons, is based on the underlying principles of honesty, integrity and reputation.  The FSA fit and proper persons test covers a wide range of factors including:

  • Criminal background checks
  • Financial background checks
  • Training and qualifications to perform a regulated role
  • Previous experience to support employment in a regulated role
  • Previous complaints of misconduct in regulated activities
  • Directorship or partner of any business that is or has been subject to investigation by a regulator
  • Previous employment history and in particular any instances of dismissal or forced resignation

For more information on fit and proper tests for employees visit http://www.employmentscreening.co.uk/fsa-fit-and-proper-persons-test.shtml or call Credit Check Services on 01992 719 234.

FSA Employment Screening

December 20th, 2010

The FSA maintain a register of approved persons where an individual has been screened and approved in accordance with the principles of honesty, reputation and integrity, along with other competency and capability requirements.  The relevant screening is more commonly known as The Fit and Proper test for Approved Persons.

The FSA provides fairly comprehensive guidelines on how a person may be assessed but the end decision on whether an individual will be accepted as an Approved Person lies with the FSA.  No third party company can provide such approval, they can only conduct employment screening in support of an individual’s application to become an approved person.

A summary of the guidelines for assessing a person for “honesty, integrity and reputation” may include:

1 – Criminal records history.

2 – Any civil actions such as CCJs, Court Decrees, Bankruptcy or Sequestrations.

3 – Subject of any FSA investigations or disciplinary proceedings.

4 – Any justified complaints of misconduct against the individual which relate to regulated activities.

5 – Whether the individual has been a director or partner of a firm subject to involvement or investigation by a regulator or professional body.

6 – Whether the individual has been dismissed or asked to resign from an employment.

7 – Whether the individual has been disqualified from acting as a director or other managerial capacity.

 

With regard to an individual’s competence and capability the assessment may include:

1 – The individual has the relevant training (FSA’s Training and Competence sourcebook) for the controlled function they are to perform.

2 – The individual has the required experience for the controlled function they are to perform.

If you would like to know more about FSA employment screening please call Credit Check Services on 01992 719 234