Staff Handbook Advice for Employers

What is a staff handbook?

A staff handbook is a document setting out the policies, procedures and practices of the workplace. The handbook can include, but is not limited to:

• Working hours
• Absence from work
• Pay and benefits
• Health and safety
• Appearance and behaviours
• Equal opportunities
• Discipline and grievance
• Training and or development schemes.
• Compassionate and bereavement leave
• Flexible and home working policies.

Are staff handbooks contractual and do they have to be agreed between the employer and the employees?

If a staff handbook is incorporated into the contract of employment, it would be held to be contractual and this should be made clear to employees.  It is advisable, however, for a staff handbook to be non-contractual, essentially meaning it does not have to be pre-agreed and is non-negotiable between an employer and employee. For example, if a disciplinary or grievance procedure is contractual, then an employee may argue breach of contract if an employer does not follow either of these procedures.  If a staff handbook is non-contractual, employers can make amendments to policies and procedures and keep the handbook up to date without gaining agreement from employees.  However, many employers will incorporate elements of the staff handbook into an employee’s contract of employment. Please see below for further information on the legal requirements of a staff handbook. Should an employer wish to make elements of the staff handbook legally binding then we would advise to make clear reference to these sections within the employee’s employment contract.

Who is entitled to view the staff handbook and where should it be held?

All employees are entitled to view the staff handbook and should have access to a copy.  Many employers keep either an office copy or an electronic copy available for reference.  It may be one document or can be a series of separate procedures.  There should also be a designated Manager within the business with responsibility to maintain and provide information on policies, rules and procedures in the handbook.

Is it a legal requirement to have a staff handbook?

There is no legal requirement to have a staff handbook, nonetheless, employers will find it advantageous to have one. Employers are, however, under a duty to have certain policies and procedures in place. A vital point to note is that the staff handbook must comply with the employer’s legal obligations; the employer cannot ‘contract out’ of certain legislative rights for employees.

There are certain policies that an employer must put in writing and need to make reasonably accessible to the employee. These are disciplinary and grievance rules, holiday pay and sickness/absence pay. It is the employer’s choice as to whether they wish to incorporate these written terms into the employee’s contract of employment or whether they incorporate these policies within the handbook.

Why a staff handbook would benefit you

A staff handbook is vital when it comes to the smooth running of a business from a HR and employment perspective. The main aim of a staff handbook is to provide advice and guidance to employees on Company rules. It’s important that employees know what is expected of them and what they are entitled to.  Staff handbooks also assist with employee’s understanding of the company’s culture and is an effective way of providing clarity to staff on company policies and practices.  It also avoids time-consuming explanations to individual staff members. It can also prove extremely beneficial if an employer were to come under scrutiny regarding the treatment of its staff or were to be involved in an employment tribunal and can demonstrate consistency of treatment.  It is common for small employers to think it is not necessary to have a staff handbook due to their size, however, it is advisable to have one where a Business has more than one employee and intends to take on more employees.

Why should you choose Bradley Haynes Law to draft your staff handbook?

Here at Bradley Haynes Law we will review and offer advice on any current staff handbooks that an employer has in place, as well as drafting new staff handbooks. Our extensive knowledge and expertise in this area means that you will receive effective and thorough advice throughout. We take detailed information from the Client on their business and ensure that the staff handbook is tailored to their business by incorporating any existing procedures into the staff handbook.  We will also keep any staff handbooks prepared by us legally up to date under our H R Retained Services. Please see our separate HR services page on the website. If you would like any further advice or guidance on staff handbooks or would like a quote, please contact gill@bradleyhayneslaw.co.uk.