Reviewing a catering contract from a supplier

A catering contract commits the client to numbers and a spend and the caterer to food that is safe, labelled and delivered on time, and the contract needs to fix both with the same precision. For an ongoing workplace or institutional contract the staff, the equipment and the subsidy add layers the contract has to deal with. I review the contract from the client's side and return it marked up with a written explanation of the changes and which ones a caterer will accept, for a fixed fee of £495 in three working days.

Who this is for

Businesses, schools, care providers, event organisers and venues in England and Wales contracting with a caterer for an event, a corporate hospitality programme or an ongoing contract for a staff restaurant, a school kitchen or a care home. The client and the caterer are businesses; food law protects the people who eat the food.

What to look for in a catering contract

The menu, the numbers and what the price buys

The contract should attach the menu, state the price per head or per service, say what is included (staff, equipment, crockery, linen, service charge, VAT), and set the deadline for final numbers and the treatment of numbers above or below the guarantee. The review asks for menu substitutions to need consent, for price increases on an ongoing contract to be tied to a food price index and capped, for a reduction where numbers fall before the deadline, and for the charge for numbers above the guarantee to be the agreed rate rather than a premium.

Food safety, hygiene and who is the food business operator

The caterer is the food business operator for the food it prepares and must be registered with the local authority and comply with the Food Safety and Hygiene (England) Regulations 2013, and it commits an offence under section 14 of the Food Safety Act 1990 if it sells food not of the nature, substance or quality demanded. Where the caterer operates the client's kitchen, the contract should say who holds the registration, who is responsible for the kitchen's condition, equipment and pest control, and who deals with the environmental health officer. The review checks the caterer's hygiene rating, its insurance and its obligations for its staff's food safety training.

Allergens, dietary requirements and labelling

Allergen information for food that is not prepacked must be available under regulation 5 of the Food Information Regulations 2014, and food prepacked for direct sale must carry a full ingredients list with allergens emphasised under the Food Information (Amendment) (England) Regulations 2019. The review checks that the caterer is responsible for allergen information at the point of service, for accommodating dietary requirements notified by the deadline, and for the accuracy of what it tells the client's guests or staff, and that the client's obligation is limited to passing on the requirements it has been told.

Staff, TUPE and an ongoing contract

Where the caterer takes over a staff restaurant, a school kitchen or a care home kitchen from the client or from a previous caterer, the staff assigned to the service may transfer to the caterer under regulation 3 of the Transfer of Undertakings (Protection of Employment) Regulations 2006 as a service provision change, and may transfer again at the end of the contract. The review checks the indemnities each way, the caterer's obligation to provide employee information before the end of the contract so that the next caterer can price it, and the treatment of the client's own staff who work alongside the caterer's.

Alcohol, licensing and the event itself

Where the caterer supplies alcohol at an event, the sale must take place under a premises licence or a temporary event notice under the Licensing Act 2003, and the contract should say who holds it and who is responsible for the conditions, for refusing service to people who are drunk and for age checks. The review checks the caterer's obligations for its staff on site, its equipment and its clearing up, its insurance, and its liability where the event runs late or the venue changes.

Cancellation, minimum spend, subsidy and liability

For an event, the review checks the cancellation scale against the caterer's real loss, since a charge out of all proportion to its legitimate interest is unenforceable under Cavendish Square Holding BV v Makdessi [2015] UKSC 67, and asks for a reduction where the caterer can redeploy staff and stock. For an ongoing contract it checks the minimum spend or subsidy, the caterer's right to change prices and opening hours, the client's right to terminate for poor performance, the caterer's liability for food safety incidents, which should be uncapped or backed by insurance at a stated level, and the Late Payment of Commercial Debts (Interest) Act 1998 position on the caterer's invoices.

What it costs

Standard review, £495. Marked-up document and a written explanation of the changes. Three working days.

Complex review, £895. Heavily negotiated or unusually complex documents. Five working days.

Buying online forms the engagement on payment. The scope is what the contract review page describes, you accept the Terms of Service at checkout, and I email you within four working hours to get started. If you would rather ask something first, email me.

What you get

• Your own contract returned with my amendments as tracked changes, plus a clean version with every change accepted, ready to send to the other side
• Comments in the document where a point needs explaining
• A written explanation of what I have changed and why, by email or as an attachment if it is lengthy, marking the points I would hold firm on and the ones that are negotiable
• A view on what is normal market practice and what is the other side pushing their luck
• One round of follow-up questions by email, included

What is not included

• Negotiating directly with the other side, which I quote separately once I know who is on the other side. Where the other side is willing to share a live document, I can work in that document directly
• Drafting a replacement contract from scratch
• Advice on the law of any jurisdiction other than England and Wales
• Tax, accounting or regulatory advice
• Disputes about a contract that is already signed

Questions I am often asked

A guest had an allergic reaction. Who is responsible?

The caterer is the food business operator and responsible for allergen information and for the food it served, unless the client gave it wrong information. The review checks that the contract puts that responsibility where the law puts it and that the caterer's insurance stands behind it.

We want to change caterer at our staff restaurant. Will the staff transfer?

The staff assigned to the service may transfer to the new caterer under the Transfer of Undertakings (Protection of Employment) Regulations 2006 as a service provision change. The review checks the outgoing caterer's obligations to provide employee information and the indemnities that allocate the cost.

Numbers are down and the caterer wants the full contracted amount. Do we have to pay it?

That depends on the final numbers deadline and the cancellation terms. The review checks whether the reduction was notified in time, whether the charge reflects the caterer's real loss, and whether the contract lets the caterer keep the full amount for food it never prepared.

Related guidance and services

• Contract review, £495, the service this page describes
• Employment contracts and handbooks, £595
• Terms and conditions drafting, £995
• Reviewing a venue hire contract for an event
• Reviewing a hotel group booking or conference contract

This page is general guidance for businesses in England and Wales, not advice on your own circumstances. Last reviewed: September 2026. Email geoffrey@caesar.co.uk.