View Full Version : Employment Law

27-06-2014, 06:30 PM
Off topic I know, but does anyone have experience in employment Law? The company I work for issued me with a company handbook when I joined them 10 years ago and have recently emailed all employees to say that a new handbook was available on the company intranet.

One of the policy's is for company car drivers. In the original handbook drivers had to pay the first AŁ250 if their vehicle was involved in an accident or received some form of damage that was found to be their fault. In the new handbook this as risen to AŁ1000.

My question is can the company enforce such a change without any form of consultation. We haven't been given a copy of the handbook or asked to sign anything to say we accept the changes.

Any help appreciated.

27-06-2014, 06:44 PM
Sticking my nose in as a Bolton fan here :D . Was having a look at the rumours re Ings and saw this.

Same has happened to me a number of times eastcoastclaret. My understanding is that a company handbook may be referred to in your contract of employment but is not part of the contract itself, so therefore does not require consultation.

I've worked as a sales manager running a team of sales reps for the last 18 years. In that time I've been through mergers, buyouts, restructures, etc, etc, etc and have dealt with HR and employment lawyers a number of times. I'm no expert but I've picked up that the company handbook appears to be something that employers can fk about with and change at will, whereas the contract is solidly protected.

I will happily bow down to an expert in employment law but that's my experience

27-06-2014, 07:25 PM
Well - not claiming to be an expert, but - I've worked in HR for 30 + years and am FCIPD. I'll give my view, for what it's worth.
A lot of employment relations relates to the concept of "reasonableness" - is it "reasonable" for an employer to raise the limit of liability in this way?
Well - if his business has been undermined by a pattern of driver-fault accidents over a significant period of time - it could arguably "reasonable" for him to try to protect his business. A key factor in what the OP describes is the requirement of the accident being the driver's fault. He/she won't be liable if they are the innocent party.
So - in my view, it could be reasonable for the employer to do this. Our friend from Bolton is spot-on with an employee handbook being a reference document, rather than an inherent part of the contract of employment.

27-06-2014, 08:59 PM
I dont know because ive got 34 kids and make a top living off benefits.:D

27-06-2014, 09:53 PM
My experience as both having been an employee and put through changes to Ts&Cs is with the other posters. The detail of this is in the handbook (therefore by definition not one of the core terms of employment) and (it seems to me) a relatively trivial term in the overall scheme of the employment relationship. Certainly consultation would not be required; I can't even see that any notice would be required on this one.

Drive safe.