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Entitlement to see Policies and Procedures

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  • Entitlement to see Policies and Procedures

    Hi All

    Small amount of advice needed (for now). After several incidents at work, none involving myself, I thought it would be a good idea to review the Policies and Procedures that cover discipline. I have to admit that I have never seen any such documents, they do exist apparently, although I have never even had an offer to review them either when I signed my original contract of employment or when I signed subsequent contracts (after changes to employment occured). Well today I asked if I could have a copy of the documents and I was told that I could see them, no time or date was given though, but could not have a copy. I understand that the company does not have to give every employee an "employee handbook" but if a specific request is made to get a copy are they obligated to provide me with one or is access, at a time that suites them, enough to fulfill their legal requirements.

    Thanks in Advance.
    Tags: None

  • #2
    Re: Entitlement to see Policies and Procedures

    To be honest I've not come across this before. It seems very odd to me to restrict employees' access to workplace policies.

    I would say they'd have to be able to justify any restrictions, which in my opinion, (unless you work for MI6, for example), would be difficult.
    Disclaimer: I am not a qualified solicitor. Nothing provided herein should be used as a substitute for professional legal advice. As legal advice must be tailored to the specific circumstances of each case, and laws are constantly changing, you should seek professional legal advice before acting upon any opinion, advice or information provided herein.

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    • #3
      Re: Entitlement to see Policies and Procedures

      Thanks for the reply. I was told today that I am indeed entitled to see the documents although I think the managing director might have been trying to threaten me he said to me "your entitled to see it but make sure you take note of what's in it". I think the reason for being so defensive is that a friend/college was suspended without pay without warning and without any proper procedure having been followed. I am pretty certain that I won't be given access to the documents until after his meeting sometime next week to prevent me from using it to help defend my friend. This is not the first time that the company I work for has, in my opinion, operated far outside the procedures laid out in the documents.
      Last edited by MetroVape; 20th November 2015, 17:46:PM. Reason: Additional information

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      • #4
        Re: Entitlement to see Policies and Procedures

        Has your colleague asked you to accompany him/her to the disciplinary meeting? If so I would say you absolutely have a right to review the policies before the meeting - not that you don't have a right to anyway.
        Disclaimer: I am not a qualified solicitor. Nothing provided herein should be used as a substitute for professional legal advice. As legal advice must be tailored to the specific circumstances of each case, and laws are constantly changing, you should seek professional legal advice before acting upon any opinion, advice or information provided herein.

        Comment


        • #5
          Re: Entitlement to see Policies and Procedures

          Not been asked yet but I will offer him my help. I had the same thought with regards to seeing it before the meeting. If nothing else during my mission to view the Policies and Procedures I have learnt a lot about Employment law and employee rights and that can't be a bad thing.

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          • #6
            Re: Entitlement to see Policies and Procedures

            http://www.legislation.gov.uk/ukpga/...nt-particulars

            See 3 above.
            The operative phrase is 'reasonably accessible to the employee'.

            To avoid the need to have lengthy contracts of employment many employers have a handbook (or files of policies) covering the specifics of all sorts of terms and conditions of employment.

            If an employer chooses to do this with their disciplinary procedure, they can't then restrict their employees access to it because that would be unreasonable.
            However, that doesn't mean that they must provide a copy (although most employers probably would).
            Providing an opportunity to read and takes notes from the policy would be considered enough.

            Suspending an employee without pay is unusual and potentially an unlawful deduction.
            Unless...
            1. It is an express term in the contract of employment that suspension without pay will/could occur in certain specified circumstances or
            2. That the employers handbook/policies are stated to form part of the contract and the above suspension issue is outlined there.
            ....it would be an unlawful deduction.

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            • #7
              Re: Entitlement to see Policies and Procedures

              Thank you very much that is very helpful. As I said before the company I work for has always been very cloak and dagger with such documents. Discipline has always been dealt with by a single individual from start to finish including accusation, investigation, disciplinary hearing and finally punishment. As far as I am aware not a single meeting has ever even been minuted, which is a good example of just how improper the company is when dealing with such matters. This would explain why access is proving difficult to obtain.

              Thanks again.

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              • #8
                Re: Entitlement to see Policies and Procedures

                With employers like this you need to get creative.
                One trick is to DIY.
                You think of a little question, something you may have forgotten to mention, an response of his you can't quite recall, or a matter perhaps requiring clarification.
                Then you send an email/letter summarising the matters discussed (ensuring that you include the matters you particularly want recorded) and add your little snippet at the end.
                Keep a copy, there's your minutes.
                Sometimes they actually email an answer.

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                • #9
                  Re: Entitlement to see Policies and Procedures

                  My friend received a letter this morning asking him to attend a meeting tomorrow afternoon which may turn into a disciplinary. He asked me to attend with him but I have told him to postpone until I get to see the documents. Hopefully this gets me access I will post a copy of the letter in new thread as I am sure it does not meet any of the requirements for such a letter. Sorry for the slow response.

                  Comment

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