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Explanatory Notes
Staff Handbook
EXPLANATORY NOTES
This staff handbook contains 27 Sections which cover the following topics: 1. Absence 2. Additional Employment 3. Annual Leave 4. Appraisals 5. Capability 6. Data Protection 7. Dignity at Work 8. Disciplinary &Grievance Procedures 9. Education & Training 10. Employee Responsibilities 11. Equal Opportunities 12. Fixed Term Employees 13. Flexible Working 14. Health & Safety 15. Home working 16. Induction 17. Leave of Absence for Public Duties 18. Overtime 19. Part Time Employees 20. Recruitment 21. Sick Pay 22. Smoking at Work 23. Special Leave 24. Use of E-Mails, Fax & Internet 25. Use of Telephones 26. Whistle blowing 27. Working Parents Please note that text within square brackets and/or italicized will require amendment to ensure that it matches the requirements of individual employers. Clearly remaining sections must be re-numbered and the Contents pages amended accordingly. In addition, Employers should carefully review the Handbook and make such adjustments or additions as are appropriate to take account of company practices and procedures that are already in place. It is important that contracts of employment and staff handbooks complement each other and do not contain contradictory provisions. Although we have endeavoured to take account of the legal position in England and Wales as at 1st April 2007, employers should be aware that policies relating to working time, maternity/paternity leave/pay, "family friendly" practices, in particular, are both detailed and subject to frequent change. Further and more detailed advice is also available online from the Department for Business Enterprise and Regulatory Reform (BERR): www.berr.gov.uk. In particular employers should be conversant with the detailed advice set out the section entitled "Employment Matters: Work and Families" which deals, amongst other topics, with maternity/paternity/adoption pay/leave, flexible/part time working and time off for dependents (sections 6 and 26-30 of this handbook). Valuable advice is also given with respect to the application of the Working Time Regulations 1998 (as amended) including record keeping requirements and opt-out rights and procedures. With effect form 1 October 2007, the statutory minimum entitlement to annual leave increases from 4 weeks to 4.8 weeks, and a further increase to 5.6 weeks is scheduled for 1st April 2009. The precise entitlement of an employee in the transition period will depend on when their leave year begins. There is a useful ready reckoner on the BERR website that can be used to work this out – at www.berr.gov.uk/employment/holidays/page40455.html The Arbitration Conciliation and Advisory Service ("ACAS") is not only available to assist employers/employees resolve disputes but also publishes both on line (www.acas.org.uk) and by way of booklets particularly helpful advice on Rights at Work, Resolving Disputes and Trade Union Recognition. The ACAS help-line is 08457 Further advice may be available from employers associations such as the CBI and Institute of Directors or local Chambers of Commerce who should be able to give prior warning to members of impending legal and regulatory changes. All changes to a staff handbook must be properly notified to all employees in advance of the change and where a change is arguably to the detriment of employees it is prudent to give as much notice as commercially possible (as a broad rule 3 months notice will suffice although shorter notice may be unavoidable). Where an employer has formally recognized either a Staff Association or Trades Union, they should be consulted in advance of such changes wherever commercially possible. As well as providing an on-line version of a staff handbook it is advisable to use a loose-leaf paper version so that updating will not require the re-printing of the entire document. It is prudent to undertake a thorough annual review by a specialist lawyer to ensure that the handbook remains up to date legally. In particular sections governing harassment, performance, discipline and grievance issues must be considered in the light of the nature of employment, and the size and structure of the employer (e.g. references to "HR" should be amended in the case of smaller employers who do not require a separate HR department; and the identity of the person who is to hear appeals from employees/the nature of the appeals process will depend in part upon the size of the employer). Where an employer has recognised either a Trade Union or a Staff Association, employees are entitled to insist upon a representative of either organisation accompanying them to a formal hearing. Where there is no such organisation an employee has a right to ask another employee to accompany them.
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