I'm glad I've found this post, I'm 5 levels deep into customer services explaining that what they're doing isn't actually allowed.
First off the T&Cs; These do not comply with the Consumer Rights Act 2015.
Part 1, Chapter 4, Section 50 states;
(1)Every contract to supply a service is to be treated as including as a term of the contract anything that is said or written to the consumer, by or on behalf of the trader, about the trader or the service, if—
(a)it is taken into account by the consumer when deciding to enter into the contract, or
(b)it is taken into account by the consumer when making any decision about the service after entering into the contract.
So, if you took anything on EE's website into account during your decision to take out or renew a contract, it is part of the contract.
In Part 2 of CRA 2015, which covers "Unfair Terms". Paragraph 62, Section 1 states;
"An unfair term of a consumer contract is not binding on the consumer.".
Some examples of "Unfair Terms" are given in Schedule 2 of the act, which includes;
"A term which has the object or effect of inappropriately excluding or limiting the legal rights of the consumer in relation to the trader or another party in the event of total or partial non-performance or inadequate performance by the trader of any of the contractual obligations, including the option of offsetting a debt owed to the trader against any claim which the consumer may have against the trader."
So, the features of the inclusive add-ons are part of your contract, and the term which says EE can change things without any form of compensation isn't binding.
So, in my opinion, it's basically EE trying to pull a fast one and make folk think there's nothing they can do.
Ofcom regulations state;
"Phone and broadband providers can change the terms of a contract but they must give you at least one month's notice and a right to exit the contract without penalty if the change does not benefit you."
Which means that, when EE change a term which is included in the contract, due to the CRA2015 sections above, and it's not to your benefit, you should be able given the opportunity to leave "without penalty" (i.e. without early termination charges).
So, when you put this all together, my opinion is the EE's "We can change anything we want" clause isn't enforceable, the degrading changes (e.g. putting folk on a cheaper Netflix package with ads, or removing the ability to roam between the EU and US at will without paying roaming chatges) should be accompanied with an offer of a penalty free exit from your contract, and EE are trying to fool folk to avoid seeing their subscriber numbers tank.
If you want to do something about it, lodge your complaint with the complaints line. Tell Ofcom using the link at the bottom of their "Contracts" page (Home : Make A Complaint : Complain about mobile, phone or internet services : Contract). Then help push things along so EE get another wrist slapping about not following the rules relating to protection for consumers.
