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An employee of H&M in Lugo has lost an appeal after trying to sue the company in Spain after it swapped the annual Christmas dinner in a restaurant for a breakfast in the store in December 2023. The complaint came after the company decided to change its plans and hold the event during the working day instead of going to a restaurant for the festival celebration.
For 18 years, it had been customary for employees to have dinner at an outside restaurant around the festive peridd, outside of working hours, at a cost of between 30 and 40 euros per employee
A communication from H&M was sent to staff which read: "Dear team: The company, together with the legal representatives of CCOO and UGT, has decided that this year the celebration will take place in the form of a breakfast or snack in the shop. In addition, for 2023 and as an exception, in order for colleagues to enjoy the event, one hour of paid, non-compensable time off will be recognised for those who attend the event. Employees whose planned working hours coincide with the time of the event will be granted one hour of paid break/rest time. Likewise, all colleagues who choose to participate in the in-store celebration and whose schedule is different, will be able to make up that same hour on any day of that same week or the following week, which will be planned in agreement with their manager."
The decision was therefore approved by UGT and CC OO unions, but not by the Confederación Intersindical Galega (CIG) in a branch in Lugo, which filed a collective lawsuit to declare the company's measure null and void. It was dismissed as a court in Lugo understood that it was a matter for the National High Court, but it was not appealed.
At this point one of the staff members decided to file an individual lawsuit in with the city's court, which on this occasion did hear her claim. The company was ordered to re-establish the previous conditions and to compensate the worker with 50 euros for the damage caused.
This decision was appealed by the company and has now been ruled on by the Social Division of the High Court of Justice of Galicia. In their ruling, the judges reject that H&M substantially modified working conditions by replacing the company's traditional Christmas dinner with a breakfast in its Lugo store.
The magistrates of the Galician high court argued that only the event had change and emphasised that it retains its fundamental identifiable features: a gathering of employees, time in which it takes place (Christmas), value that can be attributed...". To this, theedy add that, in itself, this activity has the same previous features, "albeit in a perhaps more restricted environment (in the store and during working hours)", so they do not consider that it should be classified as a substantial modification.
As such the court upheld the appeal lodged by the company and overturned the judgment handed down by Lugo's Social Court. It has therefore dismissed the lawsuit filed by an employee. The ruling is not final, as an appeal could still be lodged with the Supreme Court.
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