Each time we perform a 'health check' on a company (looking into and updating their employment contracts, staff handbooks and the like. If you fancy one of these, give us a call) we offer this advice, very loudly and very clearly: Do not make your staff handbook contractual. If you do, you run the risk of a claim coming your way for a misplaced disciplinary meeting or a badly timed letter. Despite our sage advice it seems the Employment Tribunals are hot on our heels to cast a shadow on the safe haven of the non contractual handbook.
A recent case has held that there is an implied term in contracts of employment that disciplinary processes be conducted fairly and without undue delay. Of course, the approach by employers to the disciplinary procedures should be fair and should be actioned promptly, as per the ACAS guidelines. However, until now the ACAS have been just that, and the failure to follow them does help bolster a claim and does result in a pecuniary uplift should the claimant win. Now the High Court has decided that these aspects of the guidelines are so important they are inferred into each and every contract.
In the conclusion and discussion of the matter the Honourable Mrs Justice Slade DBE did, however, make clear that the effect of such an implied term depends on the circumstances of the particular case.
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