Even government departments get it wrong!

This case acts as an important reminder to employers to ensure that their staff handbooks and contracts of employment are clearly drafted and regularly reviewed.

The Department for Transport's (DfT) staff handbook included information about the timeframes required to trigger absence management procedures. The handbook contained a general statement that its terms were incorporated into the contracts of employment of its staff. The handbook also contained a clause permitting the DfT to vary the terms unilaterally provided that any such changes were not detrimental to employees

The DfT changed its handbook to reduce the number of days absence required to trigger absence management procedures to just 5 days. The DfT did not help itself by removing an earlier online version of the handbook such that it was irretrievable.

The employees sought a declaration to the effect that their previous conditions of employment remained in force. The case went to the Court of Appeal and the employees were successful.

This case should remind employers to read their contracts of employment and any supporting handbook together when seeking to make changes. It is vital for employers to ensure that there is clarity as to what forms part of the contract of employment and what does not.

In addition, employers would be well advised to ensure that earlier versions of online handbooks remain available for reference as and when changes are made.

To discuss this or any other employment related issue contact us.