The ESS Start-Up Concessions have created Fintech haves and have-nots. If your company is not entitled then your employees will be materially worse off.

A number of actions can result in genuine start-ups not being entitled including IPO's and capital raisings. Back door listings can be particularly problematic. Surprisingly the ten year rule also rules out many companies still in start-up phase. 

The key is to plan and understand the implications in advance