Handbooks
It is desirable for a business to produce a staff handbook setting out rules and procedures which staff need to know. A Handbook will help employees understand what is expected of them and how they should carry out their activities.
A Handbook can include clear policies on important employment matters helps the business identify and prevent potential risks to employees and ensure legal compliance.
Policies set out in Handbooks are not necessarily contractual binding, but they may give specific rights and responsibilities which are legally binding. The appropriateness of particular policies will depend on the size and nature of the business. For example, if dangerous equipment is used, there should be policies appropriate to it. Setting and keeping to appropriate standards will reduce the need for disciplinary and legal action. It should also increase productivity and morale.
There is no fixed content for Handbooks, but the following matters are usually covered.
Work in time procedures in respect of leave and absence should be set out. Working hours are subject to legal limitations and certain opt-out can not be allowed. There are no obligations to offer or require overtime but it is best practice to have policies in hand so that it is handled effectively;
The law prohibits direct and indirect discrimination on grounds of sex, race, ethnic origin, nationality, disability, sexual orientation, religion, belief, age, colour, status, pregnancy, childbirth, whether or not a person is a are member of a trade union. Some businesses do more and promote diversity. The equality policy will describe how employers, managers and staff can participate in commitment to diversity within the organisation and towards customers, suppliers and the community;
Encouraging good health and safety practice can and should go beyond complying with minimum legal requirements. There are legal obligations to assess health and safety risks in the workplace. The smoking ban in working premises and vehicles has been mandatory since 2nd April 2007
There are minimum levels of hygiene and comfort. It is necessary to report serious health and safety incidents. It is a legal requirement to consult employees regarding health and safety issues in the workplace and to make sure that they are aware of the policies.
Disciplinary and dismissal rules and grievance procedures must be set out in writing. They can be incorporated in a staff contract or in a handbook or a separate written statement. Failure to record the procedures in writing could lead to an additional award in an unfair dismissals proceedings.
Guidelines on whistle blowing would promote a culture where employees raise concerns internally rather than outside the business. Likewise a policy on equal opportunities demonstrates commitment to preventing discrimination.
It is a legal requirement to set out disciplinary and dismissal rules and grievances in writing. It is desirable to have clear policies on harassment and bullying. It is desirable to set clear policies so that employees are aware of the standards of behaviour that are expected. Rules should specify clearly what type of behaviour constitutes gross misconduct for which employees may be dismissed without notice.
It makes good business sense to set out business expectations on more general issues such as confidentiality, copyright designs, internet and email use, dress code and company facilities in a handbook.
Having a training policy will enable an employer to ascertain any skills shortfalls. This is mutually beneficial to employers and employees and can have a positive impact on business performance.
An appraisal system is another way of improving business performance. It represents a good opportunity to discuss with individual employees their strengths and weaknesses.
It is a good idea and best practice to set out clear policies on smoking, drug and alcohol abuse. The development of such policies will help compliance with Health Safety and Welfare obligations.
The advantage of a clear written policy is that every employee has clear guidance on what he/she can do and what he/she can not do and what disciplinary procedures apply. Managers have clear guidance about the procedure they should follow if a problem arises. A policy also raises awareness of issues.
Smoking is virtually banned in all enclosed working places in the UK. “No smoking” signs are mandatory. A smoke free policy should acknowledge the right of employees to work in a smoke free environment. It shall identify members of management and staff who have responsibility for implementation. It shall identify outside areas where people can smoke but ensure they are not enclosed, provide information on how to help quit smoking setting out means of communicating policy to staff and set out means of communication to staff where they can smoke.
A policy on alcohol may be appropriate. A strict “no alcohol” rule may be necessary in connection with operating machinery or vehicles. Other businesses might not be that strict (e.g. on lunchtime drinking).
Putting procedures in place to deal with stress is an important part of responding to problems with smoking, alcohol and drugs.
Smoking, drug and alcohol abuse policy should make one individual clearly responsible for the policy. It should make clear that people should not smoke on premises and should explain the policy.
It should set out what support services are available. It should explain the consequences of breaking rules, and provide examples of unacceptable behaviour. There should be reasonable and clear disciplinary procedures which escalate to dismissal for repeated or gross misconduct. The disciplinary rules should be applied consistently.
Where an employee has problems with drugs or alcohol abuse the first steps should be to provide support and help. However, there is a duty to take care of other employee’s safety. If an employee’s behaviour could place others at risk, there is a duty to intervene. Accordingly rules need to be set and upheld.
Staff policies can be circulated in a number of ways. The following are possibilities:
- notice board
- company intranet
- presentations
- staff handbook
- collective agreement
- written documents