However, I noted the difference between Contractual and Non-Contractual handbooks. A Non-Contractual handbook would serve no purpose, it would have no legla standing and would give the appearance that the employer is trying to absolve themselves of responsibility under certain areas.
I've been advised in the past that it is best to divide the employee handbook into two sections - contractual information and non-contractual. This can simplify the management and amendment of policies within the handbook.
The quick answer to both parts of you question is in general yes. The employee handbook is a company produced document which normally in addition to general information will give specific instructions and policies relating to the staff employment. Therefore this document can form parts of T & Cs for the employee
Can anyone advise please? Does the employee handbook and it's contents form part an employees contract and if the company fails on any of it's ploicies contained within the employee handbook can the employee chalenge this?
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Member - 76 posts
So Martin, are you saying that there is no such thing as a non Contractural Employee Handbook?
Member - 584 posts
Rates of pay are a contractual issue.
However, I noted the difference between Contractual and Non-Contractual handbooks. A Non-Contractual handbook would serve no purpose, it would have no legla standing and would give the appearance that the employer is trying to absolve themselves of responsibility under certain areas.
This would not wash in an ET or Court.
Member - 130 posts
Ordinarily? Yes.
Member - 76 posts
So if the handbook states rates of pay that will be paid for overtime is that contaractual or non?
Member - 5 posts
I've been advised in the past that it is best to divide the employee handbook into two sections - contractual information and non-contractual. This can simplify the management and amendment of policies within the handbook.
Member - 76 posts
Cheers Alan
Member - 10 posts
The quick answer to both parts of you question is in general yes. The employee handbook is a company produced document which normally in addition to general information will give specific instructions and policies relating to the staff employment. Therefore this document can form parts of T & Cs for the employee
Member - 76 posts
Can anyone advise please? Does the employee handbook and it's contents form part an employees contract and if the company fails on any of it's ploicies contained within the employee handbook can the employee chalenge this?