Claimant v Pets at Home Limited
Outcome
Individual claims
The tribunal found that the respondent's changes to break arrangements were authorised under clause 22.2 of the employment contract, which gave the respondent the right to make reasonable changes to terms and conditions. The changes were reasonable because there was a business need to improve productivity, the claimant was not financially worse off, breaks still exceeded statutory minimums, and the changes were implemented on a trial basis with consultation. Although the respondent failed to give as much notice as possible under clause 5.6, the changes were nonetheless permitted under the broader flexibility clause 22.2.
Facts
The claimant worked as a warehouse colleague at the respondent's Stafford Fulfilment Centre from May to October 2023. The respondent changed break arrangements from two 15-minute paid breaks and one 30-minute unpaid break to one 45-minute break and a 15-minute early finish, citing productivity concerns. The change was implemented on 6 October 2023 after consultation with a Colleague Voice Forum. The claimant raised grievances, arguing the change breached his contract. He resigned on 16 October 2023 but agreed to reconsider after attending a further consultation meeting. He confirmed his resignation on 20 October 2023, citing anxiety.
Decision
The tribunal dismissed the claim, finding that although the changes to break arrangements altered the claimant's contractual entitlement in clause 5.5, they were authorised under clause 22.2 which gave the respondent the right to make reasonable changes to terms and conditions. The tribunal found the changes were reasonable because there was a business need to improve productivity, the claimant was not financially worse off, breaks still exceeded statutory minimums, and the changes were implemented on a trial basis with consultation.
Practical note
Broad flexibility clauses allowing 'reasonable changes' to employment terms can permit employers to vary specific contractual entitlements (such as break arrangements) provided the changes are reasonable and implemented reasonably, even without full contractual notice.
Legal authorities cited
Statutes
Case details
- Case number
- 1307637/2023
- Decision date
- 4 March 2025
- Hearing type
- full merits
- Hearing days
- 2
- Classification
- contested
Respondent
- Sector
- retail
- Represented
- Yes
- Rep type
- barrister
Employment details
- Role
- Warehouse Colleague
- Service
- 5 months
Claimant representation
- Represented
- No