## Facts

- Bobby Moore captained the England football team to victory in the 1966 World Cup.
- The Football Association made a £1,000 ex gratia payment to each member of the victorious team.
- The Inland Revenue contended that the payment constituted taxable income under Moore’s employment.
- Moore argued the payment was a non-taxable gift, honoring exceptional, non-contractual achievement rather than his routine employment duties.

## Issues

1. Whether the ex gratia payment to Moore constituted taxable income arising from his employment.
2. Whether the payment was given for services rendered under Moore’s contract or as a non-contractual gesture recognizing an exceptional national achievement.

## Decision

- The Court of Appeal determined the payment was not taxable income.
- The Court emphasized the unique and exceptional nature of the achievement for which the payment was made.
- It was held that the payment was intended as a gesture of public recognition, not as remuneration for services under the employment contract.
- The Court concluded the payment fell outside Moore’s normal employment duties.

## Legal Principles

- An ex gratia payment made for an achievement of unique or national significance, and not as compensation for contractual services, is not taxable as employment income.
- The Court distinguishes payments that are routine or linked directly to job performance (which may be taxable, as in Laidler v Perry [1965] 2 All ER 121) from extraordinary, goodwill gestures.
- The purpose, context, and employer’s intent are critical for determining if a payment is taxable.
- Documentation of the purpose and basis for ex gratia payments can be important in clarifying tax obligations and distinguishing such payments from contractual or routine compensation (see also Commissioners of Inland Revenue v Hambrook [1956] 3 All ER 338).

## Conclusion

The Court of Appeal in Moore v Griffiths established that ex gratia payments recognizing exceptional accomplishments, unconnected to an employee’s contractual obligations or routine performance, are not subject to income tax; the decision clarifies the distinction between taxable compensation and genuine gestures of goodwill in employment law.


Moore v Griffiths [1972] 1 WLR 1024