No such thing as a free lunch

[Noguacamole]

I work for a large organisation. FTSE 100 I believe.

I’ve worked there for over 20 years and they have always offered a free lunch. I am aware that this “perk” was offered for probably 20years before that too. I realise we have been very lucky. Some people have become reliant on these free meals (especially those lower on the pay gradings).

In the last few years, due to a merger, the original company has grown massively. The other company (who they took over), didn’t offer free lunches. We’ve now been told (after the lunch offering was massively reduced in the last 12 months) that the free lunches are to stop. We will instead be offered subsided meals. (I assume the massive increase in staff has something to do with this - not being sustainable to offer lunches to all staff so stop it entirely.)

The lunches have never, as far as I’m aware, featured in the contract of employment.

Can the free lunches be withdrawn without compensation?

I should also add, in case it is relevant, our office, for the original company, is being relocated. We are currently in a purpose built office a little off the main track, and there is a large restaurant. We’ve been told by management that we will be moving to our nearest city into rented office space (where I will assume there is no restaurant as such but probably a coffee shop).

Also to add, office occupancy has reduced since Covid which is another reason they have said they are removing the lunches.

We no longer have a union recognised - this happened shortly after the merger.

Thank you.

What exactly are you intending to take legal action over?

Employers offer all kinds of things to attract and retain staff that may be free or subsidised, eg. tea and coffee, biscuits, free parking, use of a gym, social events etc. Unless it is specifically in your contract then I don’t think you have any kind of legal redress if they stop providing it. Even if it was in your contract then a change could be made with consultation.

Just be thankful you’ve had such a good deal up till now!

Yes they can be withdrawn unless specifically stated in your contract and as pp said that could be changed with consultation anyway.

Thank you for the response. I haven’t said I’m taking legal action; I asked whether they are able to remove it especially given the length of time it has been offered.

And as you will see from my second paragraph, yes, I realise how lucky we’ve been.

Thank you.

I assumed as you’d posted in the legal section that you intended to take some action. No offence intended.

It sounds like it was offered originally because there weren't other places to get lunch close to the office, but that's changed?

Yes, they can withdraw it and it sounds they've given notice.

There's a decent business reason to withdraw it. Too many staff across the firm as a whole, less office space, more hybrid working so numbers each day would vary too much.
It's a shame, but subsidised is still a perk. I had one boss who was really generous with food, free breakfast, lunch and snacks from nice cafes delivered to you by runners. But I wasn't allowed even a five minute lunchbreak, and had to ask permission to use the toilet! Ten hours a day or more!? So yeah, no such thing. Lol.

I can see why you’d think that from what I posted but I don’t believe that wasn’t the original reason.

They were a very “old fashioned” type of company - cricket team, sports facilities etc. Before the current site (which we are being moved away from into the city centre), they were based about 5 miles away in more suburban area with places to use but even then the lunches were offered and had been for many years.

They moved from that site about 25 years ago I think. The current site does have a great farm shop with sandwhich bar/coffee shop and restaurant within walking distance.

If I’m honest, I think I’m just sad how a company who was great to work for has turned. For example, I found out about the upcoming relocation into the city centre via a local Facebook page. They had announced it in a really odd way (not email but an announcement on our internal website) and not many people had seen it. Because the announcement mentioned selling the land (it is vast), it got out to neighbours who posted on Facebook as concerned about an influx of new housing. (I realise those neighbours should have thought twice before posting but they don’t have a responsibility to a body of staff and those who do have that responsibility hadn’t managed it very well. Certainly not as well as they would have managed things a few years ago.)

I think writing this down has made me realise just how poor they’ve become. And that’s my main concern (not that any of you can help with that).

Thanks for replying.

Oh that’s certainly a perk you paid over and above for!

I agree, I can see the business reason.

The question is whether the provision of free lunch classes as custom and practice. If it does, it has become contractual even though that wasn't the employer's intention. If it does not, it is not contractual and can be withdrawn at any time.

I’m not sure how it is decided whether something is custom and practice.

Every Christmas there was a Xmas lunch and you were encourage to book on as the restaurant couldn’t hold everyone turning up at once.

The restaurant manager used to write a blog every week and the meals on offer were laid out day by day (so popular we were told it was the most visited part of the internal website!).

Whenever we had visitors we took them in the restaurant. We showed them the ropes (trays, the different options etc) as we had all been showed during induction.

Most people seemed to have set times they went in with set people.

You were allowed two courses but there were three to choose from. Always soup and always a salad bar. And always two or three hot choices.

But I’ve no idea if customer and practice. Just something that was always there and that most people used.

When my company withdrew luncheon vouchers we all got a £500 uplift in annual salary, a while ago

Wow, I guess they will reduce the pay rises the following year, otherwise that was a very costly business decision.

Custom and practice contractual terms apply if the custom is-

• Well established over a period of time
• Applied consistently to all employees with no variation since inception
• Known to and expected by all employees.

Sounds like it could apply in your case.

Shame you don't have a recognised union, are you still in a union yourself?

Yes, I am still a union member. I was really uncomfortable when they stopped recognising them. Hence I continued to pay subs.

I'd say contact your union then, they can still offer advice around whether the removal of thsi benefit is actually a change to your t&Cs. If it has become impossible to deliver, it may be reasonable to consider whether a salary uplift is appropriate to compensate, if custom and practice does actually apply.