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PRACTICE NOTES
This Practice Note explains the shared parental pay (SPP) regime that applies in relation to the adoption of a child. The legislation underpinning shared parental pay (the Shared Parental Pay (General) Regulations 2014) came into effect on 1 December 2014. However, the rights relating to claiming shared parental pay only apply in relation to children who are placed for adoption on or after 5 April 2015. For the current rate of shared parental pay, see Practice Note: Employment-related statutory rates and limits—Maternity, parents and carers. Guidance and other materials Various guidance and materials are available. Acas guidance Guidance documentation, as well as certain template materials, have been produced by Acas. See Acas materials on shared parental leave and pay. Government guidance The government produced a detailed 66-page guidance document, aimed at employers. See: As well as giving guidance on the shared parental leave and pay system generally, this guide contains useful material on how to handle more unusual situations, and also provides certain examples and discursive passages, such as: • information regarding employees who have more than
PRACTICE NOTES
This Practice Note explains the statutory shared parental pay (ShPP) regime that applies in relation to the birth of a child. It also considers legal and practical issues in relation to contractual (occupational) shared parental pay (see: Contractual shared parental pay) in particular, potential detriment and discrimination issues. The legislation underpinning ShPP (the Statutory Shared Parental Pay (General) Regulations 2014) took effect on 1 December 2014. Guidance and other materials Various guidance and materials are available. Acas guidance Guidance documentation, as well as certain template materials, have been produced by Acas. See Acas materials on shared parental leave and pay. Government guidance The government produced a detailed 66-page guidance document, aimed at employers. See: As well as giving guidance on the shared parental leave and pay system generally, this guide contains useful material on how to handle more unusual situations, and also provides certain examples and discursive passages, such as: • information regarding employees who have more than one job • what to do in the case of maternal, paternal or infant death • worked examples of
GLOSSARY
With effect from 22 April 2014, residence orders are now called 'child arrangements orders' as a result of changes introduced by the Children and Families Act 2014.
GLOSSARY
An individual, body corporate or other property-owning entity that owns at least one share in a company. Also called members, shareholders are distinct from the directors who manage the day-to-day affairs of the company. Shareholders typically seek to share in the income profits of the company, as well as achieving capital gain through an appreciation in the value of their shareholding. They participate in general meetings to resolve matters of specific importance as regards the constitution, business or corporate activity of the company, in accordance with company law and the constitution of their company.
PRACTICE NOTES
This Practice Note provides an overview of the Shareholder Rights Directive II (SRD II) (Directive (EU) 2017/828 amending Directive 2007/36/EC) and its impact in the UK, with particular focus on its impact on asset managers and institutional investors. SRD II aims to promote effective stewardship and long-term investment decision-making, setting requirements in several areas including transparency of engagement policies and investment strategies across the institutional investment community, and requirements for the approval and disclosure of related-party transactions. Scope and overview of SRD II The Shareholder Rights Directive (SRD I) was originally implemented in 2009 to enhance shareholder rights by imposing minimum standards on the exercise of voting rights attaching to shares in EU listed companies. SRD I was substantially amended by SRD II, which came into force on 10 June 2019. SRD II confers rights and obligations on listed companies, institutional investors, asset managers, proxy advisers and intermediaries. Investors and asset managers have more control over executive compensation and related party transactions but are subject to more stringent transparency rules. These include:
PRACTICE NOTES
This Practice Note examines shareholder activism in UK companies within the equity shares (commercial companies) category on the London Stock Exchange (a listed company) and companies whose shares are admitted to trading on AIM (an AIM company), including the nature of activism, the aims and strategies of shareholder activists and the tools they employ to effect the changes they seek. It also considers actions companies can take to reduce the risk of, and combat, shareholder activism. Shareholder activism in the UK What is it? Shareholder activism can vary from shareholders refusing to pass resolutions (eg in relation to directors' re-election or remuneration packages) to protracted public media driven campaigns to bring about significant changes to the company's management or operations. The driving force behind shareholder activism is often increasing the value of, or extracting value from, the company, and motives can be short-term or long-term in nature. Traditionally, shareholder activism was largely an issue for US companies only or companies with private equity investors who were looking to extract as much value as possible from a company before moving on to
GLOSSARY
The activities and strategies pursued by the shareholders of a company, normally to generate enhanced shareholder value, better governance'>corporate governance and stronger corporate social responsibility (CSR). Traditionally the principal shareholder activists of listed companies are institutional investors, although in practice a modern activist may be any significant shareholder (eg a hedge fund) that seeks to influence the decisions and direction of the board. See also UK Stewardship Code below.
NEWS
Dispute Resolution analysis: The Court of Appeal has upheld a decision to strike out a securities representative claim, holding that the court has an ‘unfettered discretion’ to decide when to permit representative claims under CPR 19.8. The judgment provides detailed guidance on the court’s approach to group claims, confirming there is no hierarchy for the different procedural approaches. Where alternative options are available, the court must assess the advantages and disadvantages of each. In particular, it must try to strike a fair balance between the progress of claimant and defendant issues, to avoid conferring an unfair procedural advantage on either party. The decision is also of interest for its analysis of the relevance of litigation funding. If the availability of funding is to be factored into an assessment of the merits of different procedural options, litigation funders must provide ‘cogent and coherent’ explanations of their funding decisions. Written by Harriet Campbell, senior knowledge lawyer at Penningtons Manches Cooper LLP.
PRECEDENTS
FORTHCOMING CHANGE: On 28 October 2026, as part of Budget 2026, a number of changes were announced to CSOP and EMI schemes. (1) CSOP is to be known as “EMI2” with effect from 28 October 2026; (2) with effect from 6 April 2027, the CSOP/EMI2 individual option limit will be increased from £60,000 to £120,000; (3) from 6 April 2027, the maximum period for exercising CSOP/EMI2 options while retaining tax advantages will be extended from 10 years to 15 years, and it will be possible to amend CSOP options granted before
PRECEDENTS
SPECIAL RESOLUTION THAT: • the articles of association which are enclosed with this Resolution
PRECEDENTS
That: • the [insert name of company] plc [Savings-Related OR Save-As-You-Earn OR Sharesave] Share Option Scheme (the Scheme), in the form of the rules of the Scheme on display before
GLOSSARY
The members of a company will give their agreement or authorisation by passing a shareholders' resolution. The statutory provisions regarding shareholders' resolutions are contained in the Companies Act 2006.