change to company handbook

joanne_d_3

Hi all.

Sorry....i have another quick question.

If an employer wants to make changes to their company handbook and disciplinary and grievance code/procedure , can they just do this without getting the employee to sign acknowledgment of the changes ?

"

Thanks in advance

SarEl

Yes, an employer can change the disciplinary procedure without consulting or obtaining agreement. It isn't contractual (or to be more precise, it isn't usually - only a daft employer includes their disciplinary process as a contractual arrangement). It's kind of complicated, but something in the handbook isn't necessarily contractual, but it may be too. Things like pay structures are, disciplinary codes not (as I said, usually - it must be in the written statement of main particulars if it is contractual). But it also isn't necessary to obtain a signed agreement to changes, even if they are contractual. By giving notification and not receiving any objection, it is deemed to be accepted. In fact, last year a huge number of employers changed their disciplinary codes because of legal changes. They didn't consult - they just changed them. I doubt if most employees even noticed.

joanne_d_3

Thanks sarEL.

Just thought i would check this fact out before i said anything to the ex employer.

thanks again for your response . As always it was really helpful.

J

Uncertain

Do you think they have fabricated this document after the event to help their case?

There was a case in Scotland recently where an employer ended up in jail for 18 months for fabricating evidence to help fight an ET case......

joanne_d_3

Hi Uncertain.

j

SarEl

joanne_d wrote: »

Hi Uncertain.

Yes , to be honest i DO have suspicions that this document has been fabricated.

Earlier in the ET process i issued the ex employer with a subject access request and in that i received all the other signed documents which served purpose to say that my hubby had been made aware of any changes to the handbook and contract of employment....

On this occasion , there is nothing signed to say that my hubby was made aware of THIS change ..... it just seems to suit the employer at the min to SAY that my hubby was informed....

j

Even if it is fabricated, it wouldn't make much difference - either to the employer or to your case. The Scottish case was very different and very serious - it involved forgery of an important document. It's very rare that something like this would happen (I mean the actual case, not the fabrication - I suspect I see quite a bit of that although it's often hard to prove).

But a disciplinary process does not have to have an investigatory meeting and in some cases it isn't necessary. At best, provided the employer stayed within ACAS guidelines (having a hearing, right to appeal etc) then the employer might get a slapped wrist if the process says something must be done, but they don't do it, in something like this which is consdiered relatively minor. The tribunal are more interested, and will make their decision, on whether the "bare minimum" process was applied (as per ACAS guidance) and whether the employer had evidence or reasonable belief, and whether the dismissal was proportionate to the "crime". These are the three key factors in a judgement, and these are what you need to concentrate on. Whilst you can point out the discrepancies here about this, it won't make any real differece to the judgement - although it may speak to the veracity of the employer overall. But they are just as likely, perhaps more likely, to relegate this to a minor point and pay it little heed.