SYSC 22.3 Drafting the reference and the request for a reference

1There are no requirements about the form in which a firm that is not an SMCR firm2 should give a reference.

SYSC 22.4 has requirements about the form in which an SMCR firm2 should give a reference.

1. (1)

   A firm (A) asking another firm (B) for a reference should give B sufficient information to let B know that the requirements in this chapter apply to the reference it is being asked to give and which requirements apply.

2. (2)

   As long as it complies with (1), A does not have to set out specifically the information this chapter requires it to obtain. This is because B should include that information even though B is not specifically asked to include it.

A firm asking for a reference under this chapter from a current or former employer that is not a firm will normally need to specify what information it would like.

1. (1)

   This chapter sets out minimum requirements for a reference. It does not prevent a firm from including more than is required by this chapter.

2. (2)

   If a firm does disclose more than is required by this chapter the reference should still meet its duties under general law to its former employee and the recipient (see SYSC 22.5.3G to SYSC 22.5.5G).

Nothing in this chapter prevents a firm from disclosing material outside the time limits under this chapter.