Related provisions for SYSC 22.2.7
1 - 8 of 8 items.
The Glossary definition of employer covers more than just a conventional employer and so it may not always be obvious who a person’semployer is. Therefore an SMCR firm2 appointing someone to a position that requires a reference may have to get the employee’s help in identifying their previous employers.
(1) SYSC 22.2.1R (Obligation of an SMCR firm2 to try to obtain a reference) applies even if the employer has already got a reference for the employee. For example:(a) an SMCR firm2 should have a reference whenever it renews the certificate of a certification employee; and(b) changing jobs within the same SMCR firm2 may require a reference. (2) However, the SMCR firm2 does not necessarily need to obtain a new reference each time (a) or (b) above occurs. That is because an existing
Table: To whom does COCON apply? 99Persons to whom COCON appliesComments9(1) An SMF manager.9 (2) An employee (“P”) of a an SMCR firm12 who:9 (a) performs the function of an SMF manager;9 (b) is not an approved person to perform the function in question; and9 (c) is required to be an approved person at the time P performs that function.9 (3) An employee of an SMCR firm12 who would be performing an FCA-designated senior management function12 but for SUP 10C.3.13R (The 12-week
(1) This rule applies to members of a firm’sconduct rules staff apart from conduct rules staff in COCON 1.1.9R. 6522(2) Subject to (3), COCON only applies to the conduct of persons to whom this rule applies (as set out in (1)) if that conduct:6(a) 6is performed from an establishment maintained in the United Kingdom by the SMCR firm; or12(b) 6involves dealing with a client of the firm in the United Kingdom from an establishment overseas.5(3) 6Paragraph (2)(b) only applies to a
If at any time:(1) an SMCR firm2 (B) has given a reference under SYSC 22.2.2R to another firm (A) about an employee or ex-employee of B (P);(2) B was also an SMCR firm2 when it gave the reference in (1);(3) either of the following applies:(a) B is aware of matters or circumstances that mean that if B had been aware of them when giving that reference, this chapter would have required B to draft the reference differently; or(b) the following applies:(i) B has since giving the reference
(1) If a firm has taken disciplinary action of the type referred to in question (F) in Part One of SYSC 22 Annex 1R (Template for regulatory references given by SMCR firms2 and disclosure requirements) against an employee and is asked to give a reference about that employee, the firm should (if it has not already done so) consider whether the basis on which it took that action amounts to a breach of any individual conduct requirements covered by question (F). (2) If the firm decides
(1) SYSC 22.2.2R(1) to (3) may require an SMCR firm2 to disclose information that goes beyond the mandatory minimum information in Part One of SYSC 22 Annex 1R (Template for regulatory references given by SMCR firms2 and disclosure requirements).(2) This may mean, for instance, that a firm should in some cases disclose a conclusion that an employee or former employee has breached COCON or APER where that conclusion was reached outside the time limits in Part One of SYSC 22 Annex
If:(1) a firm (A) is thinking of employing someone (P);(2) P is employed by a group services company (D) that is not a firm; (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) A intends to appoint (P) to a position that entitles A to obtain a reference from B;then: (5) (if A is an SMCR firm2) A should ask both B and D for a reference;(6) B is obliged to give the reference
If:(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) P was an employee of other members of B’s group as well as of B;then:(3) (if A is an SMCR firm2) A should ask all the group members that employed P for a reference; (4) B should give a reference if A asks it to (whether or not A is an SMCR firm2);(5) P’s employers in that group (including any that are not firms) may give a single joint reference;
(1) SYSC 22.9.1R applies to keeping records created before the date this chapter came into force as well as ones created afterwards.(2) An SMCR firm2 does not breach the requirements of this chapter by failing to include something in a reference or by failing to have records2 because it destroyed the relevant records before the date this chapter came into force in accordance with the record keeping requirements applicable to it at the time of destruction.(3) (1) also applies to
(1) An example of information that may be relevant under SYSC 22.2.2R(1) to (3) is the fact that the employee has breached a requirement in APER.(2) This means that any firm (not just one that is an SMCR firm2) should consider whether it needs to disclose a breach of individual conduct requirements (as defined in Part Two of SYSC 22 Annex 1R (Template for regulatory references given by SMCR firms and disclosure requirements))2 when giving a reference under this chapter.