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Hi, helping a friend. Hes been through a disciplinary, appeal and grievance but has yet to see the policies he has been disciplined on or the harassment and discrimination policies his grievance relates to.
After 4 written requests for a copy of these policies to hr, line manager and head office he still has no access to them. Last request was made under the pre action disclosure cpr.
Still no response.
Anyway of getting these? Its been 4 months of asking.
Are these policies not available in the employee handbook or terms and conditions?
I am not a legal professional or adviser, I am however a Law Student and very well versed areas of Employment Law. Anything I write here is purely from my own experiences! If I help, then click the star to add to my reputation
Just a thought.... Is there anyone working at the company who is still in contact with your friend who could get hold of the policies/documents for him?
Thanks for the replies.
The policies arent in the handbook, the handbook and contract refer to the policies manual but getting access to any policy seems impossible.
There isn't anyone who could get the policy as no one else has access to it either.
Its a store/small supermarket where even the manager doesnt know the grievance procedure let alone read or understand the policies on discipline, discrimination or any other policy.
It's strange that they won't let you have sight of the policies etc... It's a bit like trying to guess what's in a paper bag on a 40 foot stick!
I note that you have made 4 requests under CPR disclosure rules... Do you have a solicitor/union rep helping you with this?
I'm not really an expert on the legal stuff but I know some of the site team are so I could alert them to your posts so they can take a look and advise you if you like
You have obviously signed to accept these policies. I would request them under the Data Subject access request. They have to sully them then.
If you haven't signed to accept these policies, then we are in some fun territory!
I am not a legal professional or adviser, I am however a Law Student and very well versed areas of Employment Law. Anything I write here is purely from my own experiences! If I help, then click the star to add to my reputation
They don't have to disclose them under a data Subject access request as it contains no sensitive personal data about the data subject, so that would be a waste of money.
Are you sure they exist? I have seen in the past companies refer to various policies which were never actually even drafted!
The policies do exist. One copy is held at each store. Staff can only read them in fheir own time and no notes or copying is allowed. As my friend is off sick he cant get to read them altho i dont think they would make much sense to him anyway. He didnt even realise he had the right to appeal his grievance which in anycase the store gave him no right to appeal anyway and their decision was final.
Ive now added the request as part of the statutory questionnaire but that will take 8 weeks for any kind of reply to arrive.
It just seems so ridiculous that the policies and procedures are referred to in almost all the documents ive seen in his employment file yet its nigh on impossible to view these policies.