Do we need a staff handbook?

Staff handbook are an addition to the contract of employment and provide further guidance to employees as to their rights and entitlements and, more importantly, what is expected of them.

Do all employers need to provide a staff handbook?
Firstly, there is no legal requirement to provide a staff handbook. Whether or not one is provided will very much depend upon the size of the employer and the available resources. In our view, a window cleaner who employs his friend's 16 year old son does not need to spend time on a staff handbook. His employee will be told of his basic rights in the contract of employment and can ask about anything else. The relationship between employer and employee will be relatively informal. If the employer is larger and has a number of staff then a handbook can assist both employer and employee.

What should a staff handbook contain?
A handbook can contain literally anything concerning employment. It is a supplement to the contract of employment and can contain guidance and policies. For example, the contract of employment will set out holiday entitlement. the staff handbook will explain who a request should be directed to, what notice is required and how much holiday can be taken at any one time. Staff handbooks can also contain policies in relation to training staff and issues such as discrimination and use of social media.

What are the advantages of having a staff handbook?
The advantages are that the handbook can be kept up to date with current legislation and is easier to update than a contract of employment which will need to be issued, signed and dated. It can provide guidance and certainty and remind the parties to the contract of their obligations to one another. The staff handbook will also say to an employee that their employer takes their rights and obligations to their staff seriously and thus sends a positive message. Any employment tribunal will be happier if an employer produces a staff handbook.

Is there any need for caution?
The only word of caution is that the staff handbook should spell out that it is non-contractual and is for guidance only. In this way, an employer should not be placed in a position whereby they are held liable for a failure to follow the contents of the handbook in any proceedings.

Key points

• Ensure that the handbook is prepared in accordance with present legislation and is consistent with the contents of the contract of employment.
• Make it clear that the contents of the handbook are non-contractual.
• Keep the handbook up to date with changes in employment legislation.
• Provide a copy to staff or have the handbook accessible. 
• Make staff aware of any changes to the handbook.                          

This article has been written to provide general comment upon the issue of staff handbooks. It is not meant as specific legal advice. If in doubt, advice should be sought. We are experienced in assisting employers in providing documents, policies and contracts and can be contacted on 01582 439795.