Publicis Consultants UK Ltd v O’Farrell

This case is a reminder to employers to exercise caution over how they describe termination payments. The Employment Appeal Tribunal (EAT) found those payments labelled “ex-gratia” (in other words, not paid as a legal obligation) will not necessarily be offset against an employee’s other legal entitlements, possibly leading to employees being able to get a double pay-out in the event of a claim.