Few questions - please help! :)

[Employee]

Hi, i have a few questions i can't seem to find answers for on the internet.

I would like to know the difference between guidelines and policy. I have a disciplinary for breach of their policy but they have forwarded me a copy of their guidelines.

I have never seen the policy in question, i was never told about it or given a copy. Can they still enforce it?

They are saying it's every employee's responsibility to make sure they know about all of the company policies all of the time. They are available on their intranet but they refused me access. They have since told me all policies are available on request, i don't know how i can request something i don't even know exists? :tinysmile_hmm_t2: I was under the impression it was the employer's responsibility to communicate all policies to their staff in order to enforce them?

They are unable to tell me the date this 'policy' came into force. If it was after i signed my contract and they never told me about it can they still discipline me for breaching it?

[teaboy2]

Re: Few questions - please help!

Well firstly they should make an up to date copy of the company handbook avaliable in writing for all employees, by either making it easily available to acccess in the work place or by issuing a copy to all employees. Having it on the intranet is not free available, especially when your not able to access the intranet. Also any changes to policy should be made in writing to all employees detailing the changes in the policy.

Though to be honest that is just a small point, the real point here is what the policy actually is and what it is your alleged to have done and whether you did it or not, or were aware that it was against company policy at the time, which i assume you did not going by your post. If you can tell us that then we can help you by giving you the approriate advice.

[CornishPasty]

Re: Few questions - please help!

Well firstly they should make an up to date copy of the company handbook avaliable in writing for all employees, by either making it easily available to acccess in the work place or by issuing a copy to all employees. Having it on the intranet is not free available, especially when your not able to access the intranet. Also any changes to policy should be made in writing to all employees detailing the changes in the policy

Hi there,

This is interesting to me.

I'm about to head to an IT with my former employer because I didn't follow a policy I wasn't entirely familiar with for a number of reasons :

1) In ten years with the company I'd NEVER had to call upon it
2) It was only available on the company intranet and my job was based on the road and so, as part of my work, I wasn't at a computer

How would this reflect on the company in the tribunal?!

Is this a legal thing or just a sort of, ummmmm, informal suggestion of sorts?!

My thread and details of my case are here : Tesco Legal Guard - Legal Beagles Consumer Forum.

Long story short, I took time off work (absolutely necessary) without following their procedure BUT after having made reasonable effort (in my opinion) to secure the time needed.

Thanks a lot.

[charitynjw]

Re: Few questions - please help!

Hi CornishPasty,

Within 2 months of starting employment, you should have been provided with a written Statement of Employment Particulars (often it's the 'hello to our company' letter) which should have contained, or referred you to how to access, amongst other things, the company discipline & grievance policy.

[CornishPasty]

Re: Few questions - please help!

Hi CornishPasty,

Within 2 months of starting employment, you should have been provided with a written Statement of Employment Particulars (often it's the 'hello to our company' letter) which should have contained, or referred you to how to access, amongst other things, the company discipline & grievance policy.

Hiya! Thanks.

It was so long ago, I really cannot remember having been given this.

I'm inclined to say this wasn't provided - there was a culture of "assumption" in the company where people were just expected to know everything about the internal procedures.

[charitynjw]

Re: Few questions - please help!

It is a statutory duty, via the Employment Rights Act 1996, with which the employer must comply.

http://www.legislation.gov.uk/ukpga/1996/18/contents
Sections 1-7

[teaboy2]

Re: Few questions - please help!

Chances are CornishPasty, If you do not have a written copy of the contract either, then you did not receive any written statement.

But then if it was that long ago i doubt the company would be able to prove you had received one either, but they could easily use the fact they have given written statements to more recently employed people as proof it is standard procedure, which would then on balance on probability be accepted by the tribunal. So its a tricky one to call, but i can say that if you did not get a copy of your written contract then you would not have been given a written statement either as they tend to come hand in hand.

[CornishPasty]

Re: Few questions - please help!

Thanks for the advice.

You mention contracts... I used to work out of the Manchester office before starting work in Dorset (but still technically based in Manchester) and when I moved to the Dorset branch my salary and benefits changed fairly significantly.

I didn't get a new contract to advise of this, but am I right in thinking that because I worked under these new conditions for more than 6 months, they're considered "accepted" even in the absense of a contract?

Can anything there help me at all?

[charitynjw]

Re: Few questions - please help!

The ET should consider the 'past perfomance' test when looking at an individual case, or the custom & practice' test if it applies to a number of employees.

[CornishPasty]

Re: Few questions - please help!

The ET should consider the 'past perfomance' test when looking at an individual case

Well that's positive. They even acknowledged my unblemished past performance in a number of my interviews/hearings, so that might work in my favour.

Thanks so much again!

[charitynjw]

Re: Few questions - please help!


I believe that 'past performance' here means performance of your employment contract (ie, what work/hours, etc. ,that you have been doing which would indicate 'implied' terms of your duties)