Every employer should have in place adequate policies and procedures relevant to their particular business. These can be wide-ranging and can cover topics such as occupational health and safety, smoking, drugs and alcohol, bullying, harassment and discrimination, training and development, disciplinary policies, privacy, handling of grievances and the provision of bonuses. It is important that these policies and procedures are drafted correctly as this may affect whether they are legally binding or enforceable.
Generally, you should aim to ensure that policies, procedures and guidelines are not too detailed and do not place a larger burden on the employer than necessary.
Where policies relate to providing employees with benefits such as allowances, health care, vehicle usage or mobile phone entitlements, include in the policy the ability for the employer to vary, change or withdraw the benefit at their discretion. Avoid the use of statements enforcing a requirement on the employer to provide the benefit, for example statements such as “the company will provide the employee with access to health care for the duration of their employment.”
Policies which explain an employer’s obligations at law, such as policies dealing with occupational health and safety or discrimination and harassment, should be framed in terms that echo the relevant legislation. Avoid going further than what is prescribed by the law. Seek external advice if unsure about an employer’s legal obligations.
When drafting, aim to avoid imposing obligations on the employer that will be difficult to meet and most importantly avoid including in any policies in reference to the employee’s contract of employment (and vice versa) as this could potentially give the policies contractual effect.
