Companies often state that a participant’s rights or entitlements under a share plan are at the company’s discretion. However, the law places various controls on the exercise of such discretion, both in terms of the processes which must be followed, and the outcome reached. This session will explore the employment law issues companies must navigate when exercising discretion. Comparing the UK position with that in the US and other key countries, these experienced panelists will discuss the importance of the implied duty of trust and confidence, the developing case law around acting reasonably, a process roadmap for making sensitive discretionary determinations, such as on award levels, good leaver treatment, overriding formulaic performance outcomes, exercising malus/clawback powers, and how companies can minimize the risk of facing legal claims from participants. Join this session to explore the power of discretion!