Jurisdiction(s):
United Kingdom
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Key definition
Employee definition

What does Employee mean? Describes an individual engaged under a contract of employment (a contract of service) who enjoys the fullest employment law protections, such as unfair dismissal, redundancy pay, statutory notice and much family leave. In practice, employee status is determined by legislation read with case law on the reality of the relationship, typically examining personal service (no unfettered substitution right), employer control, and mutuality of obligation, alongside integration and other indicia. In England & Wales and Scotland, the Employment Rights Act 1996 defines an employee as an individual who has entered into or works under (or, where employment has ceased,...

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Employee Ownership Trust (EOT) Deed Precedent: Controlling Interest Acquisition, All-Employee Benefit Compliance, Trustee Governance and Voting (TCGA 1992; IHTA 1984) (England and Wales)

Precedents
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This Deed is made on [ insert date on which this deed is executed by all parties ]

Parties

  1. [ Insert name of company ], with its registered office at [ insert address of registered office ] and registered number [ insert registered number of Company ] (the Company); and
  2. [ Insert name of Trustee ], whose registered office is at [ insert address of registered office ] [ and registered number [ insert registered number of Trustee ] ] (the Original Trustee).

RECITALS

  1. The Company intends to create a trust for the benefit of the employees of the Company, to be called the [ insert name ] Employee–ownership Trust, and designed to meet the requirements of section 236J of the Taxation of Chargeable Gains Act 1992.
  2. The Company has transferred to the Original Trustee the sum of £[ insert initial settlement amount ] as the initial Trust Fund...
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David Pett
David Pett

David Pett is a barrister at Temple Tax Chambers advising on all direct taxes, but with a special interest in employment-related securities, share plans, employee-owned companies and employees' trusts. He is author and co-editor of 'Employee Shares Schemes' (2-Vol loose-leaf, pub. Thomson Reuters) and other works on the subject. Trained at Clifford-Turner, and for many years partner and Head of Tax at Pinsent Masons, David founded the specialist law firm, Pett Franklin LLP, in 2009 before transferring to the Bar in 2017....

Web page updated on 27/05/2026

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Date [ date ] Parties [ name of Landlord ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Landlord) [ name of Tenant ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Tenant) [ [ name of Guarantor ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Guarantor) ] [ [ name of Mortgagee ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Mortgagee) ] Definitions Within this Deed, the terms below shall be interpreted as follows: [ Annual Rent • the annual sum reserved under the Lease; ] [ Insurance Rent • the Tenant’s share of the Landlord’s costs of insuring the Property (as set out in the Lease); ] Lease • the lease of the Property dated [ date ], entered into between (1) [ the Landlord OR [ name ...

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