What is the disadvantage of an employee owned trust?

Introducing Employee Ownership Trusts

The concept of Employee Ownership Trusts (EOTs) has piqued the interest of the business world recently. This structure, which allows employees to gain a stake in the companies for which they work, often presents as an attractive option. However, it is essential to consider the potential EOT disadvantages, risks, problems, and limitations that may accompany this business model.

Imagine this scenario: an EOT allows employees to participate in decision-making processes, engendering a sense of ownership and responsibility. However, like every silver lining has a cloud, this seemingly perfect arrangement has its downsides deep within its core.

Disadvantages around complexity

The first hurdle in the path of EOTs is a high degree of complexity involved in its setup and operations. One can equate this to trying to thread a needle in a dim light room – you may eventually succeed, but not without a measure of difficulty and frustration. An EOT is a detailed legal structure involving numerous legal, tax and corporate governance issues, thus demanding extensive expertise and experience.

This complexity could, in fact, outweigh any potential benefits. In the same way, the limitations of setting up an EOT might be understated. It requires substantial initial investment and unwavering commitment, which may dissuade some businesses from going down this route.

Requirement of owner willingness

Just as in a romantic relationship, commitment and willingness are keystones to the establishment of an EOT. It’s like having to convince your cat to take medication – necessary, but not always welcomed. Some business owners may not be willing to relinquish control, making the process of setting up an EOT particularly challenging.

The formation of an EOT requires owners to entrust their shares to the employees, essentially locking the value of their business within the Trust. This necessary investment in the collective could potentially become one of the fundamental disadvantages of an EOT for many business owners.

Limited employee control

Imagine the enthusiasm of being handed the reins of power, only to realise that the reins aren’t as freeing as you thought. A significant downside to EOTs is that, despite the suggestion of ownership, employees might not have as much control as they believe. The Trust retains the actual ownership of the business, and the employees might only have limited say on administrational matters.

The perceived ‘freedom’ might well be a glass ceiling, subtly robbing the employees of any real power. This risk associated with EOTs may deter employees who aspire for substantial control over their workplace.

Difficulty selling shares

Consider being gifted a vintage car with the caveat that you can only sell it to certain people; the limitation considerably reduces its benefit, doesn’t it? An inherent problem with EOTs is that, despite being part-owners, employees may find it challenging to sell their shares directly. There might be legal or labour issues, making it a tedious process.

This limited liquidity is akin to having a golden goose but being unable to sell the eggs. It can significantly impact the perceived advantage of having a stake in the company, thus acting as a significant EOT disadvantage.

Administrative responsibilities

The responsibilities that come with EOTs can feel like learning to juggle while riding a unicycle – challenging and potentially overwhelming. The employee-elected trustees of an EOT bear a great degree of responsibility in maintaining the Trust, further adding to their existing workloads.

This administrative burden may be considered one of the most significant EOT disadvantages; the increased responsibilities, coupled with a limited degree of power, are less than attractive to many.

Need for Leadership Commitment

Creating an EOT is like trying to organise a group photo; unless everyone’s looking in the same direction, the end result isn’t going to be great. It requires a high level of commitment and strategic vision from the existing leadership. Any lack of understanding or dedication might impact the success of the Trust.

This need for significant leadership commitment could be one of the critical EOT risk factors, as it relies heavily on a top-down approach. Should the commitment falter, the EOT might run the risk of falling apart.

Conclusion

In summary, while Employee Ownership Trusts present an appealing prospect of shared ownership and potential profit, the disadvantages including complexity, limited control, difficulty selling shares, and administrative responsibilities, cannot be overlooked. Much like a ship requires a skilled captain and crew to weather a storm, an EOT requires strategic planning, committed leadership and informed employees to navigate its potential difficulties and realise its full potential.

Life’s not an easy journey, and neither is the path to cast an effective Employee Ownership Trust. But with commitment, clear understanding and strategic planning, the hurdles can be overcome. In the end, the leap may just be worth the risk.

Frequently Asked Questions (FAQ)

What are Employee Ownership Trusts (EOTs)?

Employee Ownership Trusts (EOTs) are a business structure that allows employees to have a stake in the companies for which they work. This scheme, notwithstanding the apparent benefits, brings with it potential EOT disadvantages, risks, issues, and drawbacks that may come with this business model. The EOT system encourages employees to participate in decision-making processes, creating a sense of ownership and responsibility.

What is the complexity involved in setting up and operating an Employee Ownership Trust (EOT)?

The establishment and operations of an EOT involve a high degree of complexity. It is a legal structure that involves numerous legal, tax and corporate governance issues, thus demanding broad expertise and experience. The complexity could potentially outweigh any potential benefits. It requires a significant initial investment and unwavering commitment, possibly discouraging some businesses from choosing this model.

Why is owner willingness important in an Employee Ownership Trust (EOT)?

Owner willingness is essential for the establishment of an EOT as it involves entrusting shares of their business to employees. This required investment into the collective can be seen as a major disadvantage of EOT for some business owners, especially those who are not willing to relinquish control of their business.

What limitations do employees face in the control of their workplace under an Employee Ownership Trust (EOT)?

Under an EOT, employees may not have as much control over their workplace as they might believe. While the structure suggests ownership, the actual ownership of the business is retained by the Trust, and employees may only have limited say on administrative matters. This means the perceived ‘freedom’ might end up limiting the employees’ actual power, potentially discouraging those who aspire for substantial control over their workplace.

What are the challenges of selling shares under an Employee Ownership Trust (EOT)?

Despite being part-owners under an EOT, employees may find it challenging to sell their shares directly due to possible legal or labour issues. This limited liquidity can significantly impact the perceived advantage of having a stake in the company, thereby acting as a major EOT disadvantage.

What administrative responsibilities do employees bear under an Employee Ownership Trust (EOT)?

Under an EOT, the employee-elected trustees bear significant responsibility in maintaining the Trust, which can add to their existing workloads. This administrative burden, coupled with a limited degree of power, may be a significant disadvantage of EOTs and appear less appealing to many employees.
Nigel Watson

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Date

September 1, 2023

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