On 0121 233 4333 or request a callback
Policies and Procedures
Employment and HR policies are helpful as they clearly set out the standards and processes that employees are expected to follow. While there are not many mandatory written employment and HR policies required by law, it is good practice for employers to have policies in place. These policies outline the standards expected of employees, assist in the smooth running of the business, and help reduce legal risks by ensuring that both employees and managers understand the legal rights and responsibilities inherent in the employment relationship.
Good policies can also provide employers with legal protection and serve as a defence against some employment claims. Furthermore, there is a minimum level of information that must be provided to employees in writing, much of which must be given in a single written statement of terms under Section 1 of the Employment Rights Act 1996 (ERA). This may be delivered in the form of a statement, a letter of engagement, or a written employment contract.
Understanding the Purpose
A policy is a set of rules or principles to be followed in a particular area. For example, a holiday policy might explain your expectations for employees requesting leave, such as applying at least a week in advance. A procedure, on the other hand, refers to the way something is done, such as the forms that need to be filled out for requesting leave.
The policies that an employer is required to have by law include a disciplinary and grievance procedure, which must comply with the minimum standards set out in the ACAS Code of Practice on disciplinary and grievance procedures, Health & Safety (if there are more than 5 employees), and in some cases, a whistleblowing policy.
There are some areas where, while a written policy is not required by law, there are strong legal arguments for having one to meet other legal obligations or potentially provide a defence against criminal or civil liability when things go wrong. These include policies such as data protection, anti-facilitation of tax evasion, and equality and diversity.
Other policies are useful for setting out the standards of your business and providing guidelines or policy information to employees, such as maternity and paternity policies. It is essential to ensure that employees are aware of and understand the policies in place. Employees and managers may need training on some policies. Policies should also be regularly reviewed and updated to reflect changes in the law.
Speak to a lawyer today
Who We Can Help
Clear policies and procedures are essential for businesses of all sizes. Our team is here to support:
- Business Owners: Establish a strong foundation for your workplace, minimise risks, and ensure compliance.
- Managers: Empower your team with clear expectations, streamline operations, and improve decision-making.
- HR Professionals: Gain expert guidance on policy development, training, and best practices for a healthy work environment.
How Your Business Benefits
Policies and procedures are critical tools in managing your employees. They work alongside employment contracts to clarify the expectations and obligations of the employment relationship. Implementing well-drafted policies and procedures can:
- Reduce the risk of misunderstandings regarding employment conditions.
- Ensure fairness across the organisation.
- Provide a reference point to confirm compliance with relevant legislation.
- Offer a defence against legal claims.
Meet the team
Associate Solicitor, Employment
Associate Solicitor, Employment
Partner, Employment
Partner, Business Immigration
Featured news and case studies
