SYSC 22.1 Application
General application
1This chapter applies to all SMCR firms4.
4SYSC TP 8.5.1R applies4 this chapter to certain claims management 4firms that are not SMCR firms.
3Activities covered
This chapter is not limited to regulated activities or other specific types of activities.
Territorial scope and overseas firms
There is no territorial limitation on the application of this chapter, subject to 3SYSC 22.1.6R.
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.
For an 5overseas firm, SYSC 22.2.2R (Obligation to give references) only applies if the current or former employee in question (defined as “P” 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.
- (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)
For the purpose of (1), paragraph (4A)(c) of the definition of employee (someone employed elsewhere in the group) does not apply.