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Version date: 20 April 2018 - onwards

3. Addressing the "rolling bad apples" phenomenon: Tools 13-19

Another aspect of strengthening individual accountability relates to the problem of individuals who engage in misconduct but are able to obtain subsequent employment elsewhere without disclosing their earlier misconduct to the new employer (so-called rolling bad apples). The result is that employees are mobile, but their conduct records are not, and a valuable deterrent against misconduct - risk to future employment - is thus lost [See HM Treasury, Bank of England and Financial Conduct Authority, Fair and Effective Markets Review: Final Report, June 2016, p 62: "Respondents to the Review’s consultation and market outreach expressed particularly strong views about the need for further action to be taken to prevent the ‘recycling’ of individuals with poor conduct records between firms: the ‘rolling bad apples’ problem."].

The term "rolling bad apples" may also apply to individuals who engage in misconduct, change roles within the same firm, and continue engaging in misconduct in their new function. The terms "bad apple" and "misconduct" cover clear-cut breaches of statutory or regulatory requirements. But they may also include conduct that, while not formally illegal, may contravene the policies, norms or values of the industry or individual firms or the expectations of national authorities.