Income Tax (Earnings and Pensions) Act 2003 Schedule 5 paragraph 26

The requirement as to commitment of working time

Schedule 5 paragraph 26 sets out the minimum working time commitment an employee must meet to qualify as an eligible employee under the Enterprise Management Incentives (EMI) scheme.

• An employee must spend an average of at least 25 hours per week, or 75% of their total working time if that is less, on the business of the relevant company (or group)
• Committed time means the time the employee is contractually required to spend on the relevant company's business, or on the group's business where the company is a parent
• Time that would have been worked but for absences such as illness, maternity or paternity leave, shared parental leave, parental bereavement leave, holidays, or a notice period still counts as committed time
• Relevant employment means employment by the relevant company itself or, where it is a parent company, by any member of the group