Establishment Definition

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Establishing a share incentive plan (SIP) and granting SIP awards—all-encompassing resource pack

Establishing a share incentive plan (SIP) and granting SIP awards—all-encompassing resource pack For more general information on share incentive plans (SIPs), see Practice Note: What is a share incentive plan? Step Details of step Lexis®PSL resources required to implement step Timing of step 1 Determine whether the company qualifies to operate a SIP. The SIP regime is prescriptive and sets out numerous requirements that must be met at the time the awards are granted, including in relation to the company granting the awards. It is essential to establish whether the company whose shares are being granted under award qualifies to operate a SIP first. The proposed award holder(s) must also meet certain requirements in order to be granted SIP awards. For further detailed information on the SIP eligibility requirements relating to the company, see Practice Note: SIPs—qualifying companies and type of shares. For further detailed information on the SIP eligibility requirements relating to the employee, see Practice Note: SIPs—who can be granted an award? For a checklist...

Determining applicable law and jurisdiction, and the territorial scope of statutory employment rights—checklist

Determining applicable law and jurisdiction, and the territorial scope of statutory employment rights—checklist This Checklist provides an overview of the questions to be asked when determining: • which system of law is applicable to a contract of employment or employment relationship (applicable law) • whose courts and/or tribunals should decide an employment case (jurisdiction), and • how the courts and employment tribunals decide what statutory rights, if any, an employee who works abroad and/or has a foreign employer (territorial application or scope of statutory employment rights) Brexit impact From exit day (31 January 2020) the UK ceased to be an EU Member State but, in accordance with the transitional arrangements provided in the Withdrawal Agreement, the UK was in an implementation period (IP) until 11pm on 31 December 2020, known as ‘IP completion day’. During this period, the UK continued to be treated by the EU as a Member State for many purposes. While it could not participate in the political institutions and governance structures of the EU, the UK...

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Evaluating an objection to processing request—flowchart

Evaluating an objection to processing request—flowchart This document reflects the UK GDPR regime. References and links to the GDPR refer to the UK GDPR (Assimilated Regulation (EU) 2016/679) unless expressly stated otherwise. The UK General Data Protection Regulation (UK GDPR) provides a number of rights for data subjects, including providing a right to object. Data subjects can make a request to an organisation to exercise their right to object to processing at any time. This is not, however, an absolute right to object—it only applies in specific circumstances. There are strict time limits for complying with requests made. See Practice Notes: • Data subject rights—objection to processing • How to handle data subject requests This Flowchart maps out a process for evaluating a data subject request under the right to object that your organisation receives under the UK GDPR. It reflects the requirements in the UK GDPR and the Data Protection Act 2018 (DPA 2018) together with guidance issued by the Information Commissioner’s Office (ICO). It should be...

Evaluating a data subject erasure request—flowchart

Evaluating a data subject erasure request—flowchart The UK General Data Protection Regulation (UK GDPR) provides a number of rights for data subjects, including providing a right to erasure of personal data, also known as the right to be forgotten. Data subjects can make a request to an organisation to exercise their right to erasure of their personal data 'without undue delay' where there is no compelling reason for its continued processing. This is not, however, an absolute right to be forgotten—it is a right to have personal data erased in specific circumstances. There are strict time limits for complying with requests made. See Practice Notes: • Data subject rights—rectification, erasure and restriction of processing • How to handle data subject requests This Flowchart maps out a process for evaluating erasure requests that your organisation receives under the UK GDPR. It reflects the requirements in the UK GDPR and the Data Protection Act 2018 (DPA 2018) together with guidance issued by the Information Commissioner’s Office (ICO). It should be read in...

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Recast Regulation—main, secondary and territorial proceedings [Archived]

From IP completion day onwards, this document is archived and no longer maintained.Brexit impactAs of exit day (31 January 2020) the UK is no longer an EU Member State. However, in accordance with the Withdrawal Agreement, the UK has entered an implementation period, during which it continues to be subject to EU law. References to exit day in many Brexit SIs are to be read as reference to IP completion day (Implementation Period completion day, defined in clause 39 as 31 December 2020 at 11.00 pm) (unless that provision is expressly disapplied by the SI in question). For further details, see News Analysis: Brexit—impact of the Withdrawal Agreement and European Union (Withdrawal Agreement) Act 2020 for R&I lawyers and Brexit Bulletin—key updates, research tips and resources. For further details on the impact on the Recast Regulation on insolvency, see Practice Note: Brexit—impact on Recast Regulation on Insolvency.For details of the impact on credit institutions, see Practice Note: Brexit—impact on insolvent credit institutions. For details of the impact on insurers, see...

Social media and user-generated content

Social media and user-generated content This Practice Note examines some of the key risks associated with a brand’s usage of social media and user-generated content (UGC). Its particular focus is on the potential infringement of third party rights, such as intellectual property (IP). It provides practical guidance on how parties engaged in such activities can mitigate those risks. Social media Social media is an extremely popular means of communicating online. Based on user participation and interaction, social media takes a variety of forms, including: • online social and business networking (eg Facebook, LinkedIn, Snapchat, Instagram) • online blogs (eg Twitter (now X), Blogger.com) • online forums (eg Mumsnet, Reddit) • online shops and auctions (eg eBay, Amazon) • online digital media sharing (eg YouTube, Vimeo, Flickr, TikTok) • online reference texts (eg Wikipedia) • online games and applications (eg World of Warcraft) User-generated content Increasingly, businesses are encouraging consumers to contribute material to social media platforms and are incorporating these contributions into consumer-focused advertising and marketing campaigns. Often, this might...

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Tax disclosure—bond issue offering document

United Kingdom Taxation General The summary set out below describes certain taxation matters of the United Kingdom based on the Issuer’s understanding of current law and HM Revenue & Customs (HMRC) published practice as at the date of this document, both of which are subject to change, possibly with retrospective effect. The summary is intended as a general guide only and is not intended to be, nor should it be construed to be, tax or legal advice. The summary applies only to persons who are the absolute beneficial owners of Bonds, who hold their Bonds as investments and who are resident and, in the case of individual shareholders, domiciled in the UK for taxation purposes at all relevant times. In particular Bondholders holding their Bonds through a depositary receipt system or clearance service should note that they may...

Board minutes—approving the adoption of an unapproved option plan and the grant of unapproved options

Board minutes—approving the adoption of an unapproved option plan and the grant of unapproved options [insert name of company adopting the unapproved option plan] (Company)—[insert Company number] Minutes of a meeting of the[ remuneration committee of the] board of directors of the Company held at [insert place of meeting] on [insert date of meeting] at [insert time of meeting]. Present [insert name of director to be Chair] (the Chair) [insert names of directors present] In attendance [insert names of those in attendance] Apologies [insert names of directors who are unable to attend meeting] 1 Notice and quorum [insert name of Chair] was appointed Chair of the meeting. It was reported that proper notice of the meeting had been given in accordance with the Company's articles of association (Articles) and that a quorum was present. Accordingly, the Chair declared the meeting open. 2 Purpose of meeting The Chair reported that the purpose of the meeting was to consider and, if thought fit, approve: 2.1 the adoption...

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Where can I find information relating to FCA perimeter issues?

Where can I find information relating to FCA perimeter issues? The FCA's Perimeter Guidance manual (PERG) provides guidance about the circumstances in which authorisation is required, or exempt person status is available, including guidance on the activities which are regulated under the Financial Services and Markets Act 2000 (the Act) and the exclusions which are available. Application of the Perimeter Guidance manual (PERG) PERG applies to: • a person who is considering carrying on activities in the United Kingdom which may fall within the scope of the Act and is seeking guidance on whether he/she needs to be an authorised person • a person who seeks to become an authorised person under the Act and who is, or is considering, applying for Part 4A permission to carry on regulated activities in the United Kingdom • a person who is seeking guidance on whether any communication he/she may be seeking to make or cause to be made will be a financial promotion and be subject to the restriction...

Are employees with fewer than two years' continuous service counted for the purpose of triggering statutory collective consultation obligations on redundancy?

Are employees with fewer than two years' continuous service counted for the purpose of triggering statutory collective consultation obligations on redundancy? According to the Trade Union and Labour Relations (Consolidation) Act 1992, where an employer is proposing to dismiss as redundant 20 or more employees at one establishment within any period of 90 days or less, this gives rise to statutory obligations to: • inform • consult • notify the Secretary of State in the Department for Business, Energy and Industrial Strategy This statutory consultation obligation is separate from and in addition to: • any consultation to ensure the dismissal is fair • any duty to inform and consult in relation to a relevant transfer under Transfer of Undertakings (Protection of Employment) Regulations 2006, SI 2006/246 'Employee' in this context means an individual who has entered into or works under a contract of service or of apprenticeship. Whether or not an individual falls within this definition will, therefore, depend on their employment status (subject to any express...

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Commons Library examines Murphy's review of Windsor Framework's democratic oversight

Secretary of State for Northern Ireland, Hilary Benn MP, has commissioned an independent review of the Windsor Framework, led by Lord Murphy of Torfaen, with the report due by 10 July 2025. Established in February 2023 to amend the Protocol on Ireland/Northern Ireland and avoid a hard border, the Framework is being examined to determine how it can operate with the support of all communities in Northern Ireland. This commission follows a 10 December 2024 vote in the Northern Ireland Assembly, which supported the continued application of EU law under the Framework without cross-community consent, thereby triggering a statutory requirement for review.

Life Sciences weekly highlights—19 June 2025

This week's edition of Life Sciences weekly highlights includes a Law360 news analysis that the Unified Patent Court ruled that Curio Bioscience's Seeker Spatial Mapping Kits infringed patents by 10x Genomics, upholding an injunction against the U.S. biotech company's rival in Germany, France and Sweden, and an MLex analysis that the European Commission is pressing ahead for August 2025 with finalising the Code of Practice for general-purpose AI (GPAI) model developers despite possible AI Act delays as well as news that the Commission has published its timeline for the implementation of the EU AI Act. Also, this week includes several important news stories in the medical devices sector: the MHRA brought into force the Medical Devices (Post-market Surveillance Requirements) (Amendment) (Great Britain) Regulations 2024 from 16 June marking the first major reform to post-market surveillance (PMS) legislation for medical devices in Great Britain, the UK MedTech Forum called on the MHRA for the indefinite recognition of EU CE-marked medical devices and advocated for the introduction of internationally aligned reliance...