Various employment law principles require attention when structuring rights under an employee share plan. For example, care must be taken to ensure that awards under, or the rules governing, an employee share plan do not infringe employment law protections such as sex, race, religion or anti-age discrimination legislation either directly or indirectly. It is also important for companies to consider the extent to which awards under an employee share plan may impact on other employment related rights, such as pension rights or severance payments, and whether it is possible to limit the impact of awards on those rights and the extent to which companies can protect themselves against claims for loss of rights or inappropriate uses of discretion.
This document (and any information accessed through links in this document) is provided for information purposes only and does not constitute legal advice. Professional legal advice should be obtained before taking or refraining from any action as a result of the contents of this document.
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