News: Contract Law
Staff handbook writers should receive contract law training
09 February 2009
Information in staff handbooks, including details of redundancy packages, often occupy a legal grey area, emphasising the importance of contract law training.
James Davies, a partner at Lewis Silkin, tells the Daily Telegraph elements of these documents are legally enforceable and others are not, using sick pay policies and the company’s dress code as examples.
He tells the news provider a well-drafted staff handbook will make it clear which of its elements constitute a contract with the employee and which are extra-legal.
The lawyer continues by identifying further problems with redundancy, where there is no formal document but "custom and practice", which can be considered incorporated within the terms and conditions of employment and therefore difficult to change without both parties' consent.
Mr Davies calls for clarity and recommends human resources staff compile "a carefully written staff handbook" that "make[s] it clear which items are contractual and which are not", a skill that may require contract law training for those in charge of this procedure.
New employment law training may be required for human resources staff after recent changes to the statutory minimums defined by a working week, which could lead to companies being required to pay a higher amount when making staff redundant.
