The Asda staff contracts ruling

By LBV

23 Apr 2010

A high profile court case means businesses can now enforce variations of staff contracts, even against the wishes of workers.

The Employment Appeal Tribunal ruled in the high profile case of Bateman v Asda Stores Ltd, which could have wide-reaching effects on the business community.

The supermarket had wanted to harmonise its employees’ terms and conditions of employment, and whilst thousands of staff agreed, thousands of other staff refused and were transferred to the new conditions involuntarily. About 700 of these staff then brought tribunal claims against the supermarket giant.

Asda’s argument was that they were entitled to do this, as the staff handbook set out in black and white that Asda ‘reserved the right to review, revise, amend or replace the contents of this handbook, and introduce new policies from time to time reflecting the changing needs of the business.’

However, the tribunal held that employers can reserve the right to make such unilateral changes without consent of staff, as long as they are properly implemented. It ruled that even when contained in a company handbook an employer can make changes to contractual terms such as rates of pay and working hours.

Workers then appealed to the Employment Appeal Tribunal, and lost their case. This decision is an important one, and means employers can rely on a contractual right to alter terms and conditions of employment in line with business needs.

However, employers should still be aware that they have an obligation to act reasonably and consult with employees well in advance of implementing any changes.

Ruling on the case, Silber J said, "There are two separate but important rights given to Asda in paragraph C of the Colleague Handbook...the first is to review etc the content of the Handbook and the second right is to introduce new policies.”

Chris Boyle, head of employment at Napthens solicitors.

 

Enjoyed this? Read more from LBV

Latest news

1

Zuber Issa makes a French connection EG On The Move

Zuber Issa makes a French connection

26 Feb 2026

2

Northern Trust submits plans for a commercial development in Morecambe Northern Trust submit proposed plans for Morecambe

Northern Trust submits plans for a commercial development in Morecambe

25 Feb 2026

3

Aviktas comes to life as new ride spins for the first time at Pleasure Beach Resort Aviktas ride

Aviktas comes to life as new ride spins for the first time at Pleasure Beach Resort

24 Feb 2026

4

AFD Systems accelerates digital transformation with Made Smarter funding AFD Systems

AFD Systems accelerates digital transformation with Made Smarter funding

24 Feb 2026

5

Steel signing marks phase five progress on Blackpool’s Talbot Gateway The Talbot Gateway Steel signing

Steel signing marks phase five progress on Blackpool’s Talbot Gateway

24 Feb 2026

Background image for hub sign up block

LBV Hub

Leverage Lancashire Business View platforms

Post your news
Post your events
Post your offers
Build your network
Improve your SEO
Gain coverage in the magazine
Sign-up
Events
LBV127 March/April Magazine Networking Event
Jan/Feb Networking Event - Closer up
Networking
19 Mar 2026

LBV127 March/April Magazine Networking Event

Salmesbury Hall, Preston New Road, Lancashire, PR5 0UP

08:30 - 10:30

AI & Cybersecurity Summit
AI and Cybersecurity Logo
Summit
28 Apr 2026

AI & Cybersecurity Summit

Dunkenhalgh House , Blackburn Road, Clayton Le Moors, BB5 5JP

08:30 - 11:00

LBV128 May/June Magazine Networking Event
Jan/Feb networking event - hands up image
Networking
14 May 2026

LBV128 May/June Magazine Networking Event

Lancashire

08:30 - 10:30

LBV129 July/August Magazine Networking Event
Nov/Dec Networking Event
Networking
16 Jul 2026

LBV129 July/August Magazine Networking Event

Lancashire

08:30 - 10:30

LBV130 September/October Magazine Networking Event
Jan/Feb Networking Event - Entrance
Networking
17 Sep 2026

LBV130 September/October Magazine Networking Event

Lancashire

08:30 - 10:30

LBV131 November/December Magazine Networking Event
Networking
19 Nov 2026

LBV131 November/December Magazine Networking Event

Lancashire

08:30 - 10:30

RISE - Lancashire's unique leadership programme for women
thumbnail_Emma Weston Illustration WENDY BOWERS RISE Illustrstion.jpg.jpg
LBV Hub Seminars
22 Oct 2025 - 18 Mar 2026

RISE - Lancashire's unique leadership programme for women

East Lancashire Chamber of Commerce, Clayton le Moors, BB5 5JR

09:30 - 15:30

Preston Freelancer Meet-Up: February
LBV Hub Networking
26 Feb 2026 - 26 Feb 2026

Preston Freelancer Meet-Up: February

Society1, Coworking Space, Preston, PR1 3LT

10:00 - 12:00

Spring Forecast 2026 LIVE: Insights with PM+M
Spring Forecas.jpg.jpg
LBV Hub Seminars
03 Mar 2026 - 03 Mar 2026

Spring Forecast 2026 LIVE: Insights with PM+M

Blackburn Rovers Football Club (Red Rose Suite), Ewood Park, Blackburn , BB2 4JF

12:00 - 15:00

Chamber Breakfast Networking – March
Logo.jpg.jpg
LBV Hub Networking
03 Mar 2026 - 03 Mar 2026

Chamber Breakfast Networking – March

The Storey, Lancaster, LA1 1TH

08:00 - 10:00

Lancashire Lifesavers
Logo.jpg.jpg
LBV Hub Networking
03 Mar 2026 - 03 Mar 2026

Lancashire Lifesavers

The Story, Lancaster, LA1 1TH

10:15 - 11:15

Your marketing measurement is useless
Event header.png.png
LBV Hub Seminars
04 Mar 2026 - 04 Mar 2026

Your marketing measurement is useless

Brockholes Nature Reserve, Preston, PR5 0AG

09:00 - 12:00

Advertise with us

Reaching 50,000 members, our print, digital and event platforms offer a fantastic way to raise your business profile and help you grow.

Find out more LBV124 Online Graphic
Subscribe now

Weekly news bulletin