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When disciplinary rules are not disclosed

Employment and Discrimination Law

When disciplinary rules are not disclosed

Postby Mac&Me » Sat Jul 29, 2017 10:45 pm

A lot of employee handbooks state under Disciplinary Rules "It is not practicable to specify all disciplinary rules or offences that may result in disciplinary action". To me that is saying an employer has more rules then they have listed in the handbook, they are not telling you what those additional rules are because it's not practicable, but disciplinary action will be taken against you if you unknowingly break those additional rules.

This has raised a couple of questions:

If there are no company rules covering an alleged offence, can the alleged offence be misconduct?

If there are company rules covering an alleged offence, but the company never disclosed the rules, would it be fair to sanction an employee for breaching the rules?
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Re: When disciplinary rules are not disclosed

Postby diy » Sun Jul 30, 2017 6:43 am

I think they are saying they cannot give a list of everything, but that does not mean they can make them up as they please. In general anything that damages your employer, other employees etc. and anything that detracts from what you are being paid for.
My suggestions are not legal advice
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Re: When disciplinary rules are not disclosed

Postby atticus » Sun Jul 30, 2017 7:42 am

Q1. Yes. Almost invariably examples of what would be considered gross misconduct are given as examples and not a complete and closed list.

Q2. Depends on the actual facts and circumstances.
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Re: When disciplinary rules are not disclosed

Postby dls » Sun Jul 30, 2017 8:22 am

Atti is right. There is a difference between knowing the rules, and knowing what constitutes an offence under the rules. The first is a must for the employer, the second an impossibility. The OP's description falls unhappily in the middle.

There will always be stupid and or unconscionable new forms of misbehaviour which nobody has ever contemplated or predicted.
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Re: When disciplinary rules are not disclosed

Postby Hairyloon » Sun Jul 30, 2017 10:10 am

We are not talking about gremlin rules here: you won't get fired for feeding them after midnight or letting them get wet... well you might, but those rules were clearly specified.
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