Lewis Silkin LLP
17 Experts
5 Contributions by Lewis Silkin LLP Experts
PRACTICE NOTES
This Practice Note
This Practice Note explores matters affecting professional photographers who capture images of models or other individuals, as well as the organisations that commission, produce, licence and use photographs for commercial ends. It explains how UK data protection and privacy law applies and should be navigated when photographs are used commercially in the UK. Commercial use means reproducing a photograph in any form primarily aimed at commercial advantage or financial reward, including marketing on a company’s website or its social media channels. While some principles overlap, this Practice Note is not intended to cover editorial use. Press photographers may need to consider additional data protection and privacy considerations, such as the ICO data protection and journalism code of practice or the IPSO Editors’ Code of Practice, and different exemptions may apply. Nor does this note address domestic use limited to purely
Information Law
PRACTICE NOTES
Frontier worker permit scheme
The frontier worker permit scheme enables EEA and Swiss nationals who are mainly resident overseas but who carried out employment or self-employment in the UK before IP completion day (11 pm on 31 December 2020) to continue entering the UK to work, without needing permission under the post-Brexit immigration system. Holders keep protection so long as they remain primarily resident outside the UK (as defined), and this route is not designed to lead to settlement. A person with pre-settled status under the EU Settlement Scheme (EUSS) can apply for a frontier worker permit where it is clear they will not satisfy the residence requirement for settled status.
Demand has been higher than first expected, with 6733 permits granted in the year ending June 2021. It is an option that should always be considered where a UK business wants an EEA or Swiss
Immigration
PRACTICE NOTES
Right to ‘disconnect’
This Practice Note explores the concept of the right to ‘disconnect’ (or to ‘switch off’), which means workers are not required to carry out work-related activities beyond their normal contracted hours, nor to respond during those times. The nature and extent of any right to disconnect varies across jurisdictions and, although it could relate to any form of work task, it most commonly concerns staff receiving electronic communications (for example, emails and telephone calls) outside their usual working hours. In the last decade, the share of workers performing their duties flexibly and remotely has grown substantially, particularly after the Covid pandemic, which led many people to move to remote working for the first time. Although this flexibility has benefited many, the fading line between workplace and home has made it harder for individuals to properly ‘switch off’ from their work. The Acas guide on
Employment
PRACTICE NOTES
Introduction
Groups of companies carry out reorganisations for numerous and varied reasons; however, whatever the motivation, such changes frequently influence existing share plans and other employee equity arrangements. At times the effect is commercial, yet it is important to take care that any valuable tax advantages are not forfeited.
transferring the business of one group company to another group company, often arising from an acquisition or to enable the sale of a specific part of the business and its assets
transferring the shares of one subsidiary to another subsidiary so the group achieves the most suitable structure, often following an acquisition or sale of a business, and
inserting a new group holding or parent company above an existing parent company, typically to facilitate an initial public offering (IPO) or a new third-party investment, without any change to the group’s ultimate
Share Incentives
PRACTICE NOTES
Why do companies have reorganisations?
Groups of companies carry out reorganisations for numerous and varied reasons. These steps will frequently have implications for existing share plans and other employee equity arrangements. In some instances, the consequences are commercial in nature. Examples include:
the reorganisation prompting early vesting, exercise and/or lapse of awards because the relevant provisions in the share plan rules on a change in control of the parent company, or on the participant’s employment ending, have been engaged; and
a requirement for awards over shares in the current parent to be swapped for awards over shares in a newly formed parent company.
In certain situations, if the right steps are not taken within a defined period, valuable tax advantages may ultimately be lost entirely.
Common types of reorganisation
The most frequent forms of reorganisation include the
Share Incentives
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