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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 48168
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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Our current company handbook appears to be contractual. Basically

Resolved Question:

our current company handbook appears to be contractual. Basically stating that the contents form part of each employees contract of employment. Is this normal practice ? as it does contain some Non-contractual policies and procedures.
Submitted: 1 year ago.
Category: Employment Law
Expert:  Ben Jones replied 1 year ago.
Is there any reason you think it may not be?
Customer: replied 1 year ago.

No. However some of the policies are out of date and require revision and some employee are being slightly awkward stating we cannot change their terms and conditions without there agreement. in terms of working hours/salary/bonus/pension/overtime/sickness they remain unchanged. Nothing is being changed to the employees detriment I just think we have a few people who like to be heard for the sake of being heard.

Its handbook has always be presented in this and is always enclosed in new employee offer pack so they are fully informed right from the very beginning.

Expert:  Ben Jones replied 1 year ago.
It is certainly not unusual for company handbooks to be contractual in nature. If that was the case then its contents would become contractually bonding on both employer and employees. That means that failure to adhere to any practices or policies within can become a more serious violation than if it was not contractual. Similarly, changing these terms would amount to a change of contract and would require a formal process to amend them. So it is about a balance of what the employer wants to achieve by making it contractual – are they keen on ensuring formal compliance with the contents and making any violations a more serious offence, whilst knowing that having to make changes would require the employees’ consent or formal consultation? Saying that it is just simple revisions, these are not going to be seen as major breaches of contract which can give the employees great rights to challenge them. I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. If you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
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