In Pomphrey of Sittingbourne Ltd v Reed UKEAT/0457/94 the EAT contrasted the employer's position in that case with that of the employer in Heath:
''Here [in Pomphrey of Sittingbourne] the employers, so far from saying 鈥淲e are making a general ex gratia award鈥, so far from saying, 鈥淲e are making a payment which is intended to cover your