3.1 Members are expected to demonstrate high standards of behaviour. This is reflected in the first principle of the Code, which states: 鈥淢embers must act honestly and with integrity.鈥�
3.2 Integrity is generally accepted as a fundamental requirement to act in an ethical and professional manner. If someone has integrity, their actions are consistent with their beliefs, both stated and real. They will not claim to have a certain belief and then act in a way that contradicts this, whether or not they are likely to be caught out.
3.3 Acting with integrity in a professional setting will generally mean being straightforward and honest in your professional and business relationships and dealing fairly with those around you. This expectation extends to situations in which you are promoting your business services.
3.4鈥疶he first鈥痑mplification鈥痷nder the Integrity principle provides that:鈥�淢embers must show respect for everyone.鈥�.
3.5鈥疶he scope of this requirement extends not only to users of actuarial advice, but to anyone with whom Members interact, including colleagues and the general public.
3.6 Amongst other things, showing 鈥渞espect鈥� includes not deceiving or manipulating other people, not taking credit for others鈥� work, and not spreading false or defamatory information about people.
3.7 Often, a lack of respect can be demonstrated by non-verbal communication as much as by a person鈥檚 choice of words, their tone of voice, or the volume with which they speak.
3.8 It may be helpful to consider how you would feel if the behaviour in question was being directed at you instead, whilst also remembering that the same behaviour may be viewed differently by people with different social or cultural backgrounds.
3.9鈥疶he duty to show respect does not require members to agree with all views, or to withhold opposing opinions. Members may feel quite strongly about the views of another person and that is entirely valid and reasonable.
3.10 What this provision does do is impose a requirement on Members to act in a respectful manner, even where they do not agree with the views of another, to show courtesy to others and to engage in any debate in a respectful and professional way. Respectful challenge and constructive comment are to be encouraged both in a professional setting as well as in other contexts.
3.11 Nor is the Code intended to impinge upon Members鈥� rights to free speech or to express their religious and political views. Everyone has a right to hold their own beliefs and also a right to express those beliefs, within the limits recognised by law. It is expected however that where disagreements do arise, Members will act with courtesy, recognising the rights of others to hold and express different ideas and opinions from them.鈥��
3.12鈥疶he IFoA promotes diversity, equity and inclusion, and the development of a profession that incorporates people from a range of backgrounds. Members are encouraged to behave in a way that recognises and respects diversity and different cultures.鈥�
3.13鈥疶he Code applies to all Members鈥� 鈥渙ther conduct if that conduct could reasonably be considered to reflect upon the profession鈥�. This means that conduct outside of a Member鈥檚 actuarial professional life that demonstrates a lack of respect towards others will be caught by the Code, but only to the extent that it may have an impact on the reputation of the actuarial profession as a whole. In a personal context, therefore, not all behaviour that demonstrates a lack of respect will be caught by the Code. Members are expected to use reasonable judgment in determining what behaviour is appropriate. For further information on conduct outside of a Member鈥檚 professional life, please refer to sections 2.4 to 2.8 (Scope) of this Guidance.
3.14 The second amplification of the Integrity Principle provides that: 鈥淢embers must not subject others to bullying, victimisation or harassment.鈥�.
3.15 This amplification expands upon the Integrity Principle and the requirement to treat everyone with respect, to set out specific types of behaviour that fall below acceptable standards for members of the profession.
3.16 Bullying is generally understood to be behaviour that is offensive, intimidating, malicious or insulting involving the misuse of power (a position of authority or personal strength/ability) that can make a person feel vulnerable, upset, humiliated, undermined or threatened. Often it is a pattern of behaviour but it can be a one-off incident. It can also occur face to face or in emails, phone calls or virtual meetings. Examples of behaviour that might amount to bullying include: persistent inappropriate or derogatory remarks about someone; overbearing or intimidating levels of supervision; making offensive comments about someone in person or by email, text message or on social media; or asking inappropriate intrusive questions.
3.17 Victimisation usually describes the act of subjecting a person to detriment because they have done, are suspected of doing, or intend to do, something or because they hold a belief, that someone does not agree with. Examples may include denying someone an opportunity because it is suspected that they intend to make a complaint about harassment, excluding someone from a discussion because they have raised a grievance about bullying, or preventing someone from attending an event because they gave evidence on behalf of another person in relation to harassment.
3.18 Harassment is typically unwanted physical, verbal or non-verbal conduct that has the purpose or effect of violating a person鈥檚 dignity or creating an intimidating, hostile, or humiliating environment for them. Examples may include racist, sexist, homophobic or ageist jokes about someone, or derogatory or stereotypical remarks about a particular ethnic or religious group, religion or belief, or gender; mocking someone鈥檚 disability; or promoting services in such a way as to intimidate a potential client or employer.
3.19 In assessing whether behaviour might amount to bullying, victimisation or harassment, Members are expected to consider not only the behaviour itself, but also how the conduct may affect others. The assessment is an objective one 鈥� Members are expected to avoid behaving in such a way that any reasonable Member would judge the behaviour as constituting bullying, victimisation or harassment.
3.20 Members should understand that their words and actions, even if directed towards one person, can have an impact on a wider group and Members should recognise their individual responsibility for contributing to the culture within their workplace, organisation and profession.
3.21 It is understood that a corporate environment can often be high-pressure and that engaged discussions, challenge and debate are important aspects of a successful business. There will also be the need to have sometimes difficult conversations with colleagues about performance and to provide feedback. However, those can all still take place effectively without descending into behaviour that amounts to bullying, victimisation or harassment. While legitimate, reasonable and constructive criticism of performance on its own will not amount to bullying, victimisation or harassment, members should be conscious of the impact of their behaviour on others and be careful to act in a professional and respectful manner.
3.22 This means Members should ensure that their own contributions are focused on relevant professional matters and not made personal. Whilst there are circumstances where it is necessary to speak forcefully, Members should be conscious of speaking over others, or not allowing them the opportunity to respond. Members should always consider whether, on an objective basis, their behaviour would be considered reasonable.
3.23 Users and the general public are entitled to expect that sensitive information will not be misused, treated carelessly or, other than in exceptional circumstances, be shared without permission.鈥� This is reflected in the third鈥痑mplification鈥痷nder the Integrity Principle which provides that:鈥�淢embers should respect confidentiality.鈥�
3.24 Confidential information to which a Member may have access includes personal data about third parties such as insurance or pension policy holders. It may also include communications from clients, such as emails, and some commercially sensitive information relating to businesses with which the Member interacts. Sometimes confidential information will not be labelled as such, and Members will need to exercise judgment as to whether there is a reasonable expectation that information should be considered confidential.
3.25 Information which is already lawfully in the public domain is not ordinarily confidential.
3.26 The duty of confidentiality, while important, is not absolute. Information can be disclosed in certain circumstances where disclosure is required by law or is permitted by law, and can be justified in the public interest. The IFoA recognises that certain situations will arise in which legal or other requirements will override a Member鈥檚 duty of confidentiality. That is why the specific amplification dealing with confidentiality has been drafted as a 鈥榮hould鈥� provision, rather than a 鈥榤ust鈥�. Indeed, the 鈥�Speaking up鈥� principle of the Code may require confidential information to be disclosed under certain circumstances. n such situations Members need to consider carefully the extent, and manner, of disclosure necessary and avoid disclosing more than is necessary to fulfil their obligations.
3.27 A number of statutes empower government and other bodies, for example, HM Revenue and Customs in the UK, to require any person to disclose documents and/or information. This might be, for example, in situations where confidential information indicates criminal wrongdoing. In the absence of a user鈥檚 specific consent, it would be prudent to check under which statutory power the information is being sought and consider the relevant provisions carefully before proceeding with the disclosure.
3.28 Disclosures which are permitted by law, and justified in the public interest, might include situations in which criminal or unethical conduct is indicated, but where there is no legal requirement to disclose, or where disclosure is necessary for the purposes of reporting a serious impropriety to a relevant regulatory body.
3.29 Further guidance on the interaction between the duties of confidentiality and disclosure is set out in Section 7 of this Guidance. Guidance on the duty of confidentiality, as it relates to conflicts of interest, can be found in Section 5 of this Guidance.
3.30 The duty of confidentiality is a difficult area; therefore, you might want to take legal advice on these issues.