It is has always struck me as self evident that an English Employment Tribunal can compensate an employee for the lost opportunity of gains on stock options for a vesting and exercise period if appropriate.
Of course the fact the rules of the share option scheme may purport to exclude such claims is ineffective except in a claim for breach of contract if the exclusion clause is properly drawn.
It is always interesting to see cases from other countries even though the law is often different there.
the Supreme Court allowed Mr. Mignot’s claim, considering that he sustained a loss caused by the lost opportunity to make gains between June 2008 (end of his employment contract) and October 2011 (end of the exercise period). Until now, the Supreme Court had held that employees were entitled to damages for the lost opportunity to make gains on stock options only in situation where employment contracts ended prior to the start of the exercise period.