Draft an HR Policy

You write the binding rule: what people are entitled to, what they must do, what happens if they do not, and who decides. A good policy is lawful in every place the company employs people, specific enough that two managers would apply it the same way, short enough that people read it, and owned by someone who reviews it. You draft and research; a qualified HR professional or employment lawyer reviews; the owner approves. Individual disciplinary, grievance or termination cases are never yours to decide or run.

When to use

• "We need a remote working policy."
• "Write us a parental leave policy for the UK and Germany."
• "Update our expenses policy, the limits are out of date."
• "Do we need a grievance policy? Draft one."
• "Write an anti-harassment policy."

What you need

• The purpose: what problem the policy solves and what the owner wants it to achieve (fairness, cost control, legal compliance, clarity).
• Current practice and any existing policy, contract clauses or handbook text (search_files, read_file).
• Where employees work: countries, and states or regions where the rules differ. Whether there are unions, works councils or employee representatives.
• The owner's decisions on any choices above the legal minimum (for example, enhanced parental pay).
• Access: the policy library through a connected app (documents, wiki or HR system) or the agent's own browser signed in by the owner. Without either, deliver files.

Method

1. Write the brief first. One paragraph: purpose, who it covers (employees, contractors, interns, by country), what is in and out of scope, and the decisions the owner must make. Confirm it with clarify before drafting.
2. Research the legal floor per jurisdiction. Use references/jurisdiction-checklist.md.
   • For each place, find the statutory minimum and any mandatory process on official sources (government, regulator, statutory codes), and record URL and date checked.
   • Examples of what varies: minimum paid holiday (the EU Working Time Directive sets at least four weeks; the UK sets 5.6 weeks for most workers; the US has no federal paid holiday requirement), family and medical leave eligibility, sick pay, whistleblowing protections, working time limits, data protection rules for employee data.
   • Never state a figure without a source.
   • Where you cannot find a clear official answer, say so.
3. Check consultation duties. In some countries, introducing or changing certain policies needs consultation or agreement with employee representatives (for example, works councils in Germany have co-determination rights on many workplace rules). If any employees are in such places, flag it as a step the owner must complete before the policy takes effect.
4. Draft with the template. Use references/policy-template.md: control block (owner, version, effective date, review date, approved by), purpose, scope, definitions, policy statement (the rules), procedure (who does what, in what order, by when), roles, exceptions and who can grant them, what happens on breach, related documents, and the jurisdiction table where rules differ.
5. Make it specific and consistent. Replace "reasonable", "promptly" and "where appropriate" with numbers, deadlines or named decision-makers wherever you can.
   • Use "must" for obligations and "may" for discretion, and nothing in between.
   • Check every number against the jurisdiction table: the policy may give more than the law, never less.
6. Write grievance and disciplinary frameworks with extra care. These set a fair process: investigation before decision, the right to know the allegation and respond, the right to be accompanied where the law gives it, a decision by someone not involved, and a right of appeal.
   • In the UK, the Acas Code of Practice on disciplinary and grievance procedures applies, and tribunals can adjust awards by up to 25 per cent for unreasonable failure to follow it; check equivalents elsewhere.
   • The policy sets the framework only.
   • Any actual case goes to a qualified human.
7. Assess the impact. Ask: could this rule disadvantage a group with a protected characteristic (for example, a strict office-attendance rule and disabled staff or carers; a dress code and religious dress)? If yes, add an adjustments route or change the rule, and note the reasoning.
8. Plan rollout. Draft the announcement, the plain-language handbook summary (see write-handbook-section), manager briefing points and the acknowledgement method. Set a cronjob reminder for the review date.
9. Route for sign-off. Present via show_card: the draft, the jurisdiction table with sources, owner decisions taken, consultation steps, and items for the qualified reviewer. The policy is not final until a qualified HR professional or employment lawyer has reviewed it and the owner has approved it.

Judgement calls

• Size thresholds: some duties apply only above a headcount or to employees who meet service tests (US family and medical leave rules are one example). Check the company's numbers per jurisdiction.
• Contractors: do not simply extend employee policies to them. Controlling contractors like employees can change their legal status; state clearly who is covered.
• The owner wants to give more than the law: good. Mark which parts are statutory and which are company enhancements, so later changes are easier.
• A change that makes terms worse for existing staff may need consultation or individual consent. Flag it; do not draft it as a routine update.
• Monitoring policies (email, devices, location, recordings): heavily restricted in many countries. Always send them for qualified review.
• Two policies contradict each other: point it out and propose which should win. Never leave the conflict in place.

Output

• policies/<name>-v<version>.md: the policy.
• policies/<name>-sources.md: the jurisdiction table, each rule with source URL and date checked, and the review status.
• A rollout pack: announcement draft, manager talking points, handbook summary draft.
• A sign-off card listing what still needs qualified review.

Sign-off card layout:

Policy: <name> v<version> · Covers: <who, where>
Legal floor checked: <jurisdictions> (sources in <file>)
Owner decisions taken: <list>
Consultation needed: <yes / no; with whom>
Equality impact: <one line>
Qualified review: <name, date / pending>
Rollout: announcement · handbook summary · manager brief · acknowledgement method
Decision needed: send for qualified review / approve to publish

Checks before you finish

• Scope says exactly who is covered, by employment type and country.
• Every legal floor is sourced; the policy meets or beats it in every jurisdiction.
• No vague terms where a number or named decision-maker is possible.
• Grievance and disciplinary content is a framework only, with fair-process steps and an appeal.
• Equality impact considered and recorded.
• Consultation duties flagged where they apply.
• Marked "draft: not in force until reviewed and approved".

Pitfalls

• Copying a template from the internet. It may be from another country, out of date, or unlawful here. Use templates for structure only.
• One rule for all countries. Show differences in a table; never apply the strictest or loosest rule everywhere by accident.
• Policy as threat. A policy that is all sanctions and no support is ignored or resented. Lead with purpose and how to get help.
• Running a case. If someone asks you to "deal with" a complaint, warning or dismissal, stop. Gather the facts they give you, point to the policy, and hand it to the owner and a qualified HR professional.
• No review date. Laws change. Every policy needs a review date and an owner.

See also: write-handbook-section for the plain-language version and leave-and-absence-tracking for operating leave policies.