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The decision in Publicis Consultants v O’Farrell is a stark warning to employers to be careful how they label termination payments in dismissal letters.
O’Farrell claimed breach of contract because Publicis’ dismissed her on four days’ notice instead of her three months’ contractual notice. O’Farrell was therefore entitled to claim damages for breach of contract, equivalent to her 3 months’ notice. However, her dismissal letter stated that she would receive a “ex gratia payment equivalent to three month’s salary”. Publicis claimed that the ex gratia payment was intended to compensate her for her period of notice and therefore should be offset against her notice pay. The EAT held the money was unambiguously advanced as an ex gratia payment and should not therefore be offset against her claim.
Care should be taken when labelling payments as ex gratia and it be made clear that the payment is intended to compensate the employee for their loss of notice to ensure it will be offset against any claim for notice pay.
This case offers particularly helpful guidance for employers when being faced with employees who are suspected of criminal wrongdoing, albeit care should always be given to ensure allegations are clearly defined and considered on their own merits.
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The courts have long recognised that, on a societal level, women bear a greater burden of childcare responsibilities than men which can make it more difficult for women to comply with employer requirements for flexible working (known as the ‘childcare disparity’).
All EU citizens who were not residing in the UK by the end of December 2020 and want to live and work in the UK from 1 January 2021 must apply for a visa as a result of Brexit.
The Young Professionals Scheme will make it easier for young Indian citizens and young Britons to access visas.
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