Employee trusts : an analysis of the trust vehicle for employee benefits for the Maltese context

Abstract

Despite its popularity abroad, the topic of employee benefit schemes - specifically in the form of employee trusts - is one that is scarcely discussed locally, whether academically or politically. Thus, this research primarily aims to contribute to the local discussion and body of literature on employee trusts, within the Maltese context. The dissertation begins by providing an overview of the two main tenets of the topic - the concept of employee benefits, and their connection with the trust relationship. In order to provide a practical and holistic picture of the application of employee trusts, the research turns to the United Kingdom, as the birthplace of the trust practice, and a leading jurisdiction in the development of the concept of employee trusts. Such structures are widely endorsed by the UK government and have been popular for decades in various forms, as are explored in Chapter 2. Finally, the research takes the reader to the Maltese context to explore the current legal framework and how this may support, or otherwise, the use of employee trusts domestically. It is clear that whilst current legislation leaves the door ajar to their use, the existing framework leaves much to be desired. This sentiment is felt even from the respondents of the survey in Chapter 4, which survey was conducted to provide a more practical perspective from local stakeholders, beyond simply the theoretical discussion of legislation. Thus, it is concluded that whilst the application of employee trusts in Malta would certainly have a positive socio-economic effect, there is a long way off before one sees their widespread uptake, especially without active political support.