1. What is a staff handbook?

Typically, a staff handbook has two functions:

a) it sets out practical information about the employer and the workplace and

b) it sets out policies and procedures in specific areas.

In practical terms, it can also be used as an aide-mémoire by an employer (for example, if carrying out a disciplinary procedure, the employer can turn to the staff handbook for guidance as to how this should be done).

The policies and procedures that should ideally be included in a staff handbook are set out under question 3 below.

2. Am I required by law to have a staff handbook?

For the most part, there is no legal requirement for an employer to have a staff handbook.

That said, a staff handbook can prove a useful tool for any employer and putting one in place is recommended.  Among other things, it gives employees clarity on the policies and procedures of the company. As well as that, an employer that does not maintain policies may be at a distinct disadvantage when it comes to defending a claim.

While a staff handbook is not a legal requirement, as referred to, employers are obliged to have a written disciplinary procedure (which is usually included in a staff handbook).

A health and safety statement is also mandatory, and could usefully be included in the handbook.

The law in relation to protected disclosures will change shortly and it will be mandatory for employers above a certain size to have a protected disclosure policy.

3. What should be included in a staff handbook?

As referred to, the content of the handbook generally breaks down into two categories: -

1. Practical information – there is no set rule here; an employer is free to include information particular to their workplace.

2. The staff handbook would also ideally include discretionary policies and procedures, as referred to.  Best practice would be to include the following: -

•  Data Protection and Employment Records Policy;
• Protected Disclosures (Whistleblowing) Policy;
• Access and Equality Policy;
• Retirement Policy (if the employer wants to try to enforce a fixed retirement age);
• Health and Safety Statement (mandatory, as referred to above);
• Bullying and Harassment Policy;
• Grievance Procedure;
• Disciplinary Procedure (mandatory, as referred to above);
• Use of Mobile Phone Policy;
• Use of Internet and Email Policy;
• Social Media Policy; and
• Policies in relation to Maternity Leave, Paternity Leave, Adoptive Leave, Parental Leave, Parent’s Leave, Force Majeure Leave, Carer’s Leave.

Due to recent developments in employment law, employers should also consider including a remote working policy and a policy on the Right to Disconnect (while this is a different subject to remote working, they are interlinked to a degree and best practice since the publication of the Workplace Relations Commission (WRC) code of practice on the Right to Disconnect is to have a policy in place).

As a consequence of Covid, employers should ensure that they have dealt with all practical Covid-related workplace precautions in writing – ideally in a dedicated policy.

Finally, the staff handbook should include a signature page - once the handbook has been provided to employees, each employee should sign the signature page and return this to the employer to acknowledge receipt, understanding and acceptance of the policies and procedures.

b) Do I have to provide every employee with a copy of the handbook, and if so, when should this be provided?

As set out above, all employees should be provided with a copy of the company’s disciplinary procedure within twenty-eight days of commencing employment. However, there is no obligation to provide employees with a staff handbook generally (although doing so is strongly recommended – as referred to.)

Where a company does not currently have a staff handbook but decides to implement one, this should be circulated to all employees once prepared.

A copy of the up-to-date staff handbook should be accessible to employees at all times.  Many employers have found themselves exposed in the WRC where employees were able to demonstrate that they had no knowledge of a policy and that it was therefore unfair to expect them to abide by it.

c) Can I amend the staff handbook without consultation with employees?

The staff handbook should never form part of an employee’s contract or terms and conditions of employment, as a contract of employment, once signed, cannot be amended without the consent of the employee (except for certain mainly minor changes).

The staff handbook should be treated as a “living document” – employers should be able to change and update it in line with changes in employment law, work practices and company policy.

d) Should I bring amendments to the attention of employees?

Absolutely. Any changes to the staff handbook should be brought to the attention of employees.

Employees should also be given reasonable notice of any changes – in particular, they should be informed as to when any changes will come into effect.

e) Do the policies and procedures in the staff handbook give rise to contractual rights for employees?

A staff handbook does not give rise to contractual rights for employees as long as it is clear that it does not form part of an employee’s contract or terms and conditions of employment.

f) If I don’t currently have a staff handbook, can I introduce one at any time?

Yes, an employer can introduce a staff handbook at any time.

When doing so, the employer should notify all employees, give them sufficient time to review the staff handbook and then ask them to return the signature page to do as acknowledgement of receipt, understanding and acceptance of same.

g) What happens if I do not follow a procedure/policy contained in the handbook?

An employer should make every effort to follow the procedures and policies contained in its staff handbook – doing so will assist in the defence of any employment law claim.

By way of example, if I dismiss an employee on foot of a disciplinary process (the procedure for which should be contained in the staff handbook), depending on the length of service of that employee, he or she may bring a claim for unfair dismissal in the WRC.

In circumstances where I have followed the policy, and therefore the employee has been afforded a fair procedure that is in line with the principles of natural justice, I stand a much better chance of successfully defending that claim.

h) Should I periodically review the handbook?

As referred to, employers should treat the handbook as a “living document” – employers should review it regularly and make any required changes.

Certain policies may change from time to time. Health and safety is a good example of this (particularly in light of Covid-19), but it is obviously not the only one. In 2018, with the introduction of GDPR, data protection policies should have been updated.

Employers should ensure that their staff handbook is up to date and reflects any updates that are brought into law. It is important that an employer takes the time to arrange a review of the staff handbook in order to ensure that it remains an effective source of information for the employer and employees alike