Employment Law
- 28/02/2018The Impact of GDPR on Share Plans
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.
Download - (requires membership login) - 31/01/2018Gender Pay Gap Reporting
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.
Download - (requires membership login) - 23/01/2007HMRC response on age discrimination - January 2007
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.
Download - (requires membership login) - 05/09/2006SPL paper regarding the Age Discrimination and Employment Equality (Age) Regulations (SI 2006/1031) and HMRC Approved Plans
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:
- in SIP and SAYE plans is any specified age within the range permitted by the legislation in accordance with the Regilations or must that age be objectively justified?
- what does "bound to" retire in SAYE rules mean after 1 October 2006?
- can companies retrospectively change the rules of their approved schemes to comply with advice they have received on the Regulations without loss of tax approval and if so, can SPL and HMRC approve a process for this.
The paper summarises issues arising under the Regulations in relation to approved plans in more detail.
The following attachments are included:
- 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
- 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.
- 24/09/1992Letter from Inland Revenue dated 24 September 1992 relating to sex discrimination
Letter discussing possible sex discrimination in approved employee share schemes and giving guidance on the types of amendments to the rules of existing schemes that IR will approve.
Download - (requires membership login)
