[312C Section 312B: the participation and equality requirements]
Income Tax (Earnings and Pensions) Act 2003 (2003 c 1) | Legislation

[312C  Section 312B: the participation and equality requirements]

[(1)     For the purposes of section 312B—

(a)     the participation requirement is that all persons in relevant employment when the award is determined must be eligible to participate in that and any other award under the scheme, and

(b)     the equality requirement is that every employee who participates in an award under the scheme must do so on the same terms.

(2)     A person is in “relevant employment” if—

(a)     where E is a member of a group, the person is employed by any company which is a member of the group, and

(b)     in any other case, the person is employed by E.

(3)     The participation requirement is not infringed by reason of a person in relevant employment being excluded from participating in an award because, at the time the award is determined, the person has less than the minimum period of continuous service in relevant employment

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