SYSC 22.1 Application

General application

SYSC 22.1.1R

1This chapter applies to all firms (subject to SYSC 22.1.5R).

SYSC 22.1.1AG

3SYSC TP 7.4.8R and SYSC TP 8.5.1R apply this chapter to certain claims management and benchmark firms that are not SMCR firms.

Activities covered

SYSC 22.1.2GRP

This chapter is not limited to regulated activities or other specific types of activities.

Territorial scope and overseas firms

SYSC 22.1.3R

There is no territorial limitation on the application of this chapter, subject to 3SYSC 22.1.6R.

SYSC 22.1.4GRP

One effect of SYSC 22.1.3R is that the obligation to provide a reference can apply even if the employee worked in an overseas office of the employer.

SYSC 22.1.5RRP

[deleted]3

2
SYSC 22.1.6RRP

For an incoming firm or any other overseas firm, SYSC 22.2.2R (Obligation to give references) only applies if the current or former employee in question (defined as ā€œPā€ in SYSC 22.2.2R) is or was an employee of its branch in the United Kingdom and only relates to their activities as such.

SYSC 22.1.7RRP
  1. (1)

    In order to decide whether someone is an employee of a branch, the Glossary definition of employee is applied to the branch as if the branch and the firm of which it forms part were separate firms.

  2. (2)

    For the purpose of (1), paragraph (4A)(c) of the definition of employee (someone employed elsewhere in the group) does not apply.