‘Don’t rush in’ call over new employment status

By Harrison Drury

09 Sep 2013

Businesses are being warned not to rush into new ‘owner-employee’ contracts that allow staff to give up some of their employment rights for shares in the business.

The new owner-employee status came into effect on September 2 and gives employees the right to be an ‘employee shareholder’, though no-one can be forced to change employment status.

Employees must receive at least £2,000 worth of shares in their employing business to give up their rights, such as the right to claim for unfair dismissal.

However, Roger Spence, an employment lawyer at Harrison Drury solicitors in Preston says businesses need to tread with caution.

He said: “The early indications are that take up of this scheme, from both employers and employees, is going to be very low. However, any businesses thinking of giving up shares to ease the burden of employment law need to consider the bigger picture.

“Even where employees have given up some basic rights, the employment law landscape is still fraught with danger and businesses can still fall foul of discrimination laws and rules surrounding health and safety and pay.

“As well as causing confusion, business groups have also voiced fears the legislation could lead to businesses inadvertently creating a ‘two-tier’ workforce, with those unwilling to give up employment rights harbouring resentment for those who have done so and are sharing in the financial success of the business.”

Chancellor George Osborne first proposed the new status last year, suggesting owner-employee contracts would be ideal for staff at fast-growing firms.

In return for a stake in the company, an employee will give up unfair dismissal rights apart from automatically unfair dismissals, and dismissals on the grounds of discrimination and health and safety, any rights to statutory redundancy pay, the statutory right to request flexible working and rights to request training time-off. Both the individual employee and the company must both agree that the individual will be an employee shareholder. The employee must also obtain advice from a relevant independent adviser and the company has to pay for that advice, whether the individual accepts the job or not.

Latest news

1

Swim school makes splash with double award success Jo Gribben

Swim school makes splash with double award success

26 Jun 2026

2

BAE Systems donates £50,000 to support Armed Forces community Blackpool Football Club gets support from BAE Systems

BAE Systems donates £50,000 to support Armed Forces community

26 Jun 2026

3

Landmark moment for Eden Project Morecambe Landmark moment for Eden Project

Landmark moment for Eden Project Morecambe

25 Jun 2026

4

Preston consultancy joins growing national group Senior Representatives From Enevo And Aegis

Preston consultancy joins growing national group

25 Jun 2026

5

Chamber chief to step down Miranda Barker

Chamber chief to step down

23 Jun 2026

Background image for hub sign up block

LBV Hub

Leverage Lancashire Business View platforms

Post your news
Post your events
Post your offers
Build your network
Improve your SEO
Gain coverage in the magazine
Sign-up
Events
LBV129 July/August Magazine Networking Event
Nov/Dec Networking Event
Networking
16 Jul 2026

LBV129 July/August Magazine Networking Event

Brysdales, Britannia Buildings Drumhead Road, Chorley, PR6 7BX

16:00 - 18:00

LBV130 September/October Magazine Networking Event
Jan/Feb Networking Event - Entrance
Networking
17 Sep 2026

LBV130 September/October Magazine Networking Event

The Beehive Blackburn, Shadsworth Business Park, BB1 2Q

08:30 - 10:30

LBV131 November/December Magazine Networking Event
Jan/ Feb Networking Event - Talking
Networking
19 Nov 2026

LBV131 November/December Magazine Networking Event

Lancashire

08:30 - 10:30

NO Rackets Required - The Ultimate Padel Party
Crowdfunder.png.png
LBV Hub Social
26 Jun 2026

NO Rackets Required - The Ultimate Padel Party

Pendle Padel Club, Nelson, BB9 5SR

16:00 - 00:00

How hackers target SMEs - and how to protect your business
Lancashire_gamesdesign_Feb26-2120.jpg.jpg
LBV Hub Seminars
02 Jul 2026

How hackers target SMEs - and how to protect your business

Engineering Innovation Centre, Preston, PR1 2XS

09:30 - 11:30

Chamber Breakfast Networking - July
LBV Hub Networking
02 Jul 2026

Chamber Breakfast Networking - July

The Longlands Hotel, Carnforth, LA6 1JH

08:00 - 10:00

The AI Lab: Marketing Multiplier
Event post 03.07.png.png
LBV Hub Seminars
03 Jul 2026

The AI Lab: Marketing Multiplier

Door4, Burnley Wharf, Manchester Road, Burnley, BB11 1JG

09:00 - 11:30

Clubhouse Business Network sponsored by Orca Finance - July 2026
padel-networkpng.png.png
LBV Hub Networking
09 Jul 2026 - 09 Jul 2026

Clubhouse Business Network sponsored by Orca Finance - July 2026

Clubhouse, Blackburn, BB1 3NT

14:00 - 16:00

Society1 Breakfast Social and Coworking Day
LBV Hub Networking
09 Jul 2026

Society1 Breakfast Social and Coworking Day

Society1, Coworking Space, Preston, PR1 3LT

09:00 - 17:00

Chamber Summer BBQ
LBV Hub Social
09 Jul 2026

Chamber Summer BBQ

The Borough , Lancaster, LA1 1PP

17:30 - 20:00

Preparing for the changes to unfair dismissal
Logo.jpg.jpg
LBV Hub Seminars
15 Jul 2026

Preparing for the changes to unfair dismissal

The Longlands Hotel, Carnforth, LA6 1JH

08:00 - 10:00

July Preston Tech Connection Hot Takes
PTC Square July (900 x 900 px).png.png
LBV Hub Networking
15 Jul 2026

July Preston Tech Connection Hot Takes

Society1, Coworking Space, Preston, PR1 3LT

18:00 - 19:03

Advertise with us

Reaching 50,000 members, our print, digital and event platforms offer a fantastic way to raise your business profile and help you grow.

Find out more LBV124 Online Graphic
Subscribe now

Weekly news bulletin