SAYE options: employee eligibility at grant—UK flowchart under ITEPA 2003 Sch 3

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To grant save as you earn (SAYE) options, several conditions must be met at the grant date, relating to:

the company issuing the options
the employees receiving them
the shares placed under option
the options themselves
the SAYE scheme itself

This Flowchart focuses on employee eligibility, set against the income tax relief in Chapter 7 of Part 7 of the Income Tax (Earnings and Pensions) Act 2003 (ITEPA 2003). For other conditions, see Practice Notes:

SAYE—companies which qualify to operate an SAYE scheme, and
SAYE—requirements for the options and timing for exercise

SAYE—flowchart to determine employee's eligibility

This Flowchart outlines the statutory tests at the date of grant for an employee to:

be eligible for SAYE options and required to be invited to each operation of the SAYE scheme
be eligible for SAYE options and eligible to be invited to join the scheme, or
be ineligible for SAYE options

It must be read with Practice Note: SAYE—eligibility to participate in an SAYE scheme, which contains further detail on ITEPA 2003, Sch 3 Pt 2–Sch 3 Pt 3...

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Web page updated on 20/05/2026

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