The attached document has been produced by the Share Plan Lawyers Corporate Governance and Regulatory Committee (the “Committee”) to assist members of Share Plan Lawyers advising clients or employment and other colleagues on how the Gender Pay Gap Regulations (the “Regulations”) categorise remuneration (in the broadest sense) received from employee incentive (particularly share-based) arrangements.

This document does not constitute legal advice. The application of the Regulations to a particular circumstance should be considered on its own facts, following analysis of the Regulations and in light of prevailing guidance.

This document sets out the result of discussions of the Corporate and Regulatory Committee in February 2018. 

Please contact Paul Randall (paul.randall@hoganlovells.com) if you have any questions. 

The note is provided as guidance only and is not a substitute for legal advice.

HMRC response dated 23 January 2007 to SPL queries on the impact of age discrimination rules on approved share plans – in particular in relation to specified retirement ages.

SPL paper regarding the Age Discrimination and Employment Equality (Age) Regulations (SI 2006/1031) and their interaction with HMRC Approved Plans sent to Kevin Meehan at HM Revenue & Customs on 5 September 2006.

The covering note referred to the fact that several members had contacted HMRC with questions regarding the age discrimination legislation and in particular regarding the following key points:

The paper summarises issues arising under the Regulations in relation to approved plans in more detail.

The following attachments are included:

  1. Extract from Inland Revenue Manual regarding Barber v GRE Assurance: attachment to SPL paper regarding the Age Discrimination and Employment Equality (Age) Regulations (SI 2006/1031) and their interaction with HMRC Approved Plans sent to Kevin Meehan at HM Revenue & Customs on 5 September 2006; and
  2. Letter dated 26 September 1992 from HM Revenue & Customs summarising sex discrimination rules and the impact on approved plans: attachment to SPL paper regarding the Age Discrimination and Employment Equality (Age) Regulations (SI 2006/1031) and their interaction with HMRC Approved Plans sent to Kevin Meehan at HM Revenue & Customs on 5 September 2006.
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