SYSC 22.8A Groups and outsourcing

Intra-group transfers

SYSC 22.8A.1R
  1. (1)

    1This rule applies when:

    1. (a)

      a1 firm (A) would otherwise have to ask another person (B) for a reference under SYSC 22.2.1R; and

    2. (b)

      A and B are in the same group.

  2. (2)

    A need not ask for a reference from B if there are adequate arrangements in place under which A has access to the same information sources as B to the extent that they are relevant to things A has to ask B under SYSC 22.2.1R (Obligation to obtain references).

  3. (3)

    If A only has access to some of the information sources in (2), A may ask for a reference that only covers the sources to which A does not have such access.

  4. (4)

    If A, in accordance with this rule, does not ask for a reference or a full reference it must access the information resources referred to in this rule and get the relevant information within the time specified by SYSC 22.2.3R.

SYSC 22.8A.2G
  1. (1)

    1SYSC 22.8A.1R1 means that a firm recruiting someone from another member of its group is not required to request a reference from the other where the group has centralised records or alternative measures in place to ensure sharing of relevant information between its members.

  2. (2)

    The recruiting firm should be satisfied that the centralised or alternative measures ensure relevant information is made available as part of the fit and proper assessment of the recruit.

SYSC 22.8A.3G

1If:

  1. (1)

    a firm (A) appoints someone (P) to a certification function or approved person position;

  2. (2)

    A obtains a reference from an ex-employer (B);

  3. (3)

    later P transfers to a certification function position or an approved person position with an SMCR firm in A’s group (C);

  4. (4)

    B’s reference is:

    1. (a)

      addressed to all firms in A’s group; or

    2. (b)

      otherwise drafted so that it is clear that C may rely on it; and

  5. (5)

    C does not need to ask for the reference to be reissued or amended, taking account of SYSC 22.7.6G and SYSC 22.7.7G;

Getting and giving a reference where the employee has worked in a group or on secondment

SYSC 22.8A.4G

1If:

  1. (1)

    a firm (A) is thinking of employing someone (P);

  2. (2)

    P is employed by a group services company (D) that is not a firm;

  3. (3)

    P (in their capacity as an employee of D) performs a function or service for a firm (B) in the same group as D such that P is also an employee of B; and

  4. (4)

    A intends to appoint (P) to a position that entitles A to obtain a reference from B;

then

  1. (5)

    1A should ask both B and D for a reference;

  2. (6)

    B is obliged to give the reference if A asks it to1;

  3. (7)

    B should ask D to provide it with the information needed to provide a reference in accordance with this chapter;

  4. (8)

    D may give a reference but (as it is not a firm) it is not obliged to; and

  5. (9)

    D and B may give a single joint reference.

SYSC 22.8A.5G

1SYSC 22.8A.4G1 also applies where:

  1. (1)

    D is not in the same group but has seconded P to B; and

  2. (2)

    P (in their capacity as an employee of D) performed any function or services for B such that P was also an employee of B.

SYSC 22.8A.6G

1If:

  1. (1)

    a firm (A) is thinking of appointing someone (P) to a position that entitles A to obtain a reference from another firm (B); and

  2. (2)

    P was an employee of other members of B’s group as well as of B;

then:

  1. (3)

    1A should ask all the group members that employed P for a reference;

  2. (4)

    B should give a reference if A asks it to1;

  3. (5)

    P’s employers in that group (including any that are not firms) may give a single joint reference; and

  4. (6)

    if the reference is being provided on a consolidated group basis, it should be clear what information is relevant to which employer within the group.