Skip to content
What They Can and Cannot Do

Home

Above it

Where compliance stops answering

Two tests with different examiners. Passing the first says nothing about the second, and only one of them is experienced daily.

Lawful Is Not the Same as Defensible

Two tests with different examiners, different timescales and different consequences. Passing the first says nothing about the second.

The Question the Lawyer Was Not Asked

Six questions that belong before the legal one, each of which changes the proposal if it is asked early enough.

Two Tests, and Which One People Experience

An organisation is examined on compliance occasionally and on conduct continuously, and only one of those shapes how it is regarded.

What a Regulator Would Accept and a Colleague Would Not

Five arrangements that pass every formal test and that nobody would defend to the person subject to them.

The Policy That Satisfies Everybody and Convinces Nobody

Documents written to survive review are written to say as little as possible, and people read the evasion rather than the words.

Precedent: What You Are Making Normal

Each decision sets the baseline for the next one, inside the organisation and beyond it. The ratchet only turns one way unless somebody turns it back.

The Decision Nobody Recorded

Most of what an organisation does to its workforce was never decided. It accumulated, and the absence of a record is the reason it cannot be examined.