In this recent decision, an Employment Tribunal considered whether the removal of a communal biscuit tin constituted a breach of mutual trust and confidence, ultimately leading to a claim of constructive dismissal.

Mr Declan McCallister, a long-serving accounts administrator with 11 years’ service, resigned following what he described as a “sustained erosion of workplace morale”. Central to his claim was management’s decision to replace the long-standing, unwritten “Friday Biscuit Rotation Policy” with a discretionary system controlled by senior staff.

Historically, employees took turns bringing in biscuits every Friday, fostering what the claimant described as a “critical cultural cornerstone”. However, following a cost-saving review, management introduced a locked biscuit tin, access to which required prior approval from a line manager and completion of a “Refreshment Justification Form”.

Matters escalated when Mr McCallister’s request for two chocolate digestives at 3:45pm was refused on the basis that he had “already consumed one custard cream earlier that day”.

The Tribunal found, somewhat reluctantly, that while biscuits do not ordinarily form part of contractual terms, the longevity and consistency of the practice elevated it to an implied term of employment.

However, the claim ultimately failed. The Tribunal held that:

• The employer’s actions, while “deeply unpopular”, did not reach the threshold required for constructive dismissal
• The refusal of a second biscuit, though “regrettable”, was not sufficient to destroy mutual trust and confidence

That said, the Tribunal did note that the introduction of the “Refreshment Justification Form” was “ill-advised” and “arguably excessive in both scope and tone”.

Long-standing workplace customs, even informal ones, can carry legal risk if altered without consultation

• Minor perks may have disproportionate cultural significance
• Overly complex administrative controls (particularly relating to snacks) may undermine employee relations

Before implementing changes to workplace perks, HR teams may wish to conduct a “biscuit impact assessment” to evaluate potential fallout.

This case review is provided for light-hearted purposes in recognition of 1 April and should not be relied upon as legal advice.