As an employer, having clear and well-drafted employment policies is essential to ensuring a compliant and well-functioning workplace. However, many businesses struggle to determine which policies are legally required and which are simply good practice.
In the UK, there are certain employment policies that every employer must have in place, alongside others that, while not legally required, are highly recommended to protect both the business and its employees. In this article, I’ll break down the policies you must have and those you should consider.
Legally Required Employment Policies
Disciplinary and Grievance Procedures: Under the Employment Rights Act 1996 and the ACAS Code of Practice, all employers must provide written disciplinary and grievance procedures. These should outline how workplace issues will be addressed and resolved fairly.
If your business has five or more employees, you are legally required to have a written health and safety policy under the Health and Safety at Work Act 1974.
Privacy and Data Protection Policy: With the UK General Data Protection Regulation (UK GDPR) and Data Protection Act 2018 in place, businesses must inform employees how their personal data is collected, stored, and used.
Equal Opportunities Policy: While not strictly mandatory, having a written policy demonstrating compliance with the Equality Act 2010 can help mitigate the risk of discrimination claims.
Workplace Pension Policy: If you have employees eligible for automatic enrolment into a workplace pension scheme, you must provide information on pension entitlements and contributions.
Recommended Employment Policies
Sickness and Absence Policy: Clarifying how employees should report sickness and how absence is managed can help reduce disruptions and ensure fairness.
Flexible Working Policy: Since employees have a statutory right to request flexible working, setting out a clear process for handling requests can ensure consistency.
IT and Social Media Policy: Given the increasing reliance on technology, guidelines on the use of company IT systems, email, and social media can protect business interests and prevent reputational risks.
Anti-Bullying and Harassment Policy: While the law prohibits workplace harassment, a separate policy can reinforce expectations around behaviour and provide clear reporting mechanisms.
Remote and Hybrid Working Policy: With changing working patterns, a policy setting out expectations for remote and hybrid workers can help maintain productivity and accountability.
Training and Development Policy: Investing in employee growth can help attract and retain talent, and a structured policy ensures clarity on available opportunities.
Whistleblowing Policy: Encouraging a culture of transparency and compliance, a whistleblowing policy provides employees with a framework to report wrongdoing safely.
Keeping Your Policies Up to Date
Employment law is constantly evolving, and so should your policies. Regularly reviewing and updating your policies ensures they remain compliant and relevant to your business needs. Additionally, it is crucial that employees are aware of these policies and have easy access to them – whether through an employee handbook or an online portal.
A Transparent Workplace
Having the right employment policies in place not only ensures legal compliance but also fosters a fair, transparent, and well-organised workplace. If you’re unsure whether your policies meet current requirements or need help drafting new ones, seeking legal guidance can save your business from potential risks and disputes.
If you’d like to discuss how we can assist with your employment policies, please contact our Employment Law team on 01604 936512 / 01908 953674 or email [email protected].
Written by Sara Marshall
Associate Partner, Employment Law at Franklins Solicitors LLP
Specialises in settlement agreements, unfair dismissal, redundancy, discrimination (sex, race, disability, sexual orientation), employment tribunal claims, maternity and paternity rights, flexible working, equal pay, bullying, victimisation, and restrictive covenants.
Sara Marshall is an experienced Employment Law Solicitor at Franklins Solicitors LLP, qualified since 2009 with over 27 years of experience. She is a member of the Employment Lawyers Association and advises both employers and employees on a wide range of contentious and non-contentious employment matters.
Sara specialises in settlement agreements, unfair dismissal, redundancy, discrimination, employment tribunal claims, and workplace policies. Known for her practical advice and supportive approach, she helps clients navigate complex employment issues with confidence.
Outside of work, Sara enjoys running, spending time with her family, and walking their dog, Bailey.
