KEY POINTS:
I have been brought in as a new manager for quite a large workforce. For many years they have had morning tea provided - hot drinks and biscuits and a 15-minute break. But I find that most employees are not limiting themselves to a 15-minute break and one or two biscuits. They are taking the opportunity to have a long break and a good feed. I want to take away the morning tea service - can I do this? When I mentioned it there was a big backlash from staff.
It seems that your employees treasure their morning tea more than you might think. They are probably not alone - the Herald recently reported that "British workers yearn for the return of the tea trolley believing it would help offices become more sociable and relaxed". Motivational benefits aside, New Zealand law does not specifically require employers to provide morning tea breaks with tea and biscuits. There is also no minimum entitlement to tea breaks.
That does not mean refreshment facilities need not be provided. The Health and Safety in Employment Regulations 1995 require employers to provide these:
* Facilities for employees to have meals during work hours in "reasonable shelter and comfort" (a lunchroom).
* For employers who work standing up, facilities for sitting.
* Access to "wholesome" drinking water. Also, health and safety might require the employer to provide breaks, particularly for employees doing repetitive or straining work. Under the Health and Safety in Employment Act 1992, employers must take "all practicable steps" to ensure a safe and healthy workplace. Failure to provide breaks might create a health and safety risk for employees.
If employees have a collective or individual agreement saying they are entitled to a morning break and/or hot drinks and biscuits, you must provide that for them. You could only remove the entitlement if they agree to it.
If the morning tea entitlement formed part of the employees' agreement and you removed it without their consent, they might bring a claim against you. It would be an "unlawful variation of contract". Employees might bring a personal grievance based on unjustifiable disadvantage, seek a penalty or compliance order or bring an action for damages for breach of contract.
If morning tea is a long-standing practice, or a written policy, you should be able to change it. You might want to consider alternatives to removing the entitlement altogether such as keeping the hot drinks but not providing biscuits. Or notifying employees that disciplinary action might result if they repeatedly take extended tea breaks.
If the tea breaks are a policy or practice and you believe no health and safety issues will arise from removing them, you are entitled to do so.
I recommend that you consult employees about it first and consider their views before you make a decision. You should also carefully consider your health and safety obligations first.
