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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 49776
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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Hello, I am near the end of the consultation period with the

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I am near the end of the consultation period with the known outcome :) However the process (pool selection, aim (or lack of it) to find me replacement job, obviously personal and political, not business reasons, etc) is obviously flawed in such a clear way that I was offered the 2nd version of compromise agreement in last 7 days. First one I rejected, the 2nd one is on the table. And I am thinking ...

They want now to pay me my notice (3 months) and 2 months ex-gratia.

Not sure that this is a good deal?
Truth is I am very employable, do not expect to look for a new job more than months.

However my main problem (and the question) is in the fact that I have lots of money in share options that are vesting in October and which I got, surprisingly as the key employee (under former management).

Now, In Options Agreement, as a leaver I loose the right to exercise those options, but in case i submit the claim to the Employment Tribunal because of the unfair redundancy, WOULD ET CONSIDER THIS AS MY FINANCIAL LOSS AND THE RESULT OF (IF PROVEN) UNFAIR REDUNDANCY AND GIVE ME COMPENSATION AWARD?

Hello, my name is XXXXX XXXXX it is my pleasure to be able to assist with your question today. Please let me know whether you have tried to negotiate to include the shares in the compromise agreement?
Customer: replied 5 years ago.

Hi Ben, thanks.

I haven't asked to add my right to exercise these options although I am not an employee (e.g one year after termination date), but I did negotiate about considering these options when calculating the ex-gratia amount.


The amount I am asking for was 30K + 3 months notice (they want to pay it in lieu, I said I don't mind working 3 months or not).


This amount is calculated based on the time they would need to spend if applying redundancy procedure properly ( ~2 months) + some percentage (not 100%) of these shares (currently worth 25K).


They said NO WAY unvested options can be considered and they explicitly put into CA draft the following:


"The Employee shall have 90 days from the Termination Date to exercise any stock options which were vested up to the Termination Date. For the sake of clarity, all other stock options granted to the Employee to purchase shares of NICE Systems Limited shall lapse and expire on the Termination Date and Employee shall have no right or claim in respect thereof."


Hope this answers your question,



Customer: replied 5 years ago.

Relist: Other. I really need advice today. Would wait for Ben if I knew when he would be back online.



Any chance somebody replies? 5h elapsed...


Hi I am afraid I was offline by the time you had replied. Do you still need help and I will be happy to assist?
Customer: replied 5 years ago.

Yes I do. Please

A lot will depend on the terms of the share options scheme as that is what will govern your rights, even after dismissal.

For example, many employee share plans and stand-alone employee share award contracts can state that share awards or share options will be lost on ceasing employment. Saying that, it is possible for some share plans to treat different types of leavers in different ways so for example those that are made redundant or retired on ill health grounds could still be classified as good leavers.

Even if a restriction on what you can claim after leaving exists, this could not be legally binding. These restrictions are known as a Micklefield clause and case law has ruled that a former employee may succeed in claiming compensation for loss of share plan entitlements caused by unfair or constructive dismissal.

So yes, it is entirely possible for the tribunal to consider the shares as part of any award, although remember that the value of any award will b capped at around £72,000.

Please take a second to leave a positive rating as that is a very important part of our process. Your question will not close and I can continue providing further advice if necessary. Thank you
Ben Jones and other Employment Law Specialists are ready to help you
Customer: replied 5 years ago.

thanks very much Ben.

Micklefield clause:


was the perfect piece of information.

glad you found this useful
Customer: replied 5 years ago.

For Ben Jones only
Hi Ben,

I decided to sign the CA offered. Would you be able to review it? Company pays 500£ for an independent legal advice. I am based in London. Thanks.

Hi unfortunately we cannot do that for you as you need to formally engage a solicitor. Any employment lawyer should be able to take his on