Do smaller employers need anything other than off-the-shelf templates for their HR contracts and policies? When this question is asked, I think back to a client I worked with some years back.

They were a small plumbing business with a handful of apprentices. Contracts for those apprentices had originally been sourced second-hand via a friend of the business owner but hadn’t been tailored for the business at the time. On closer examination it turned out that the salary terms didn’t make sense, the written holiday entitlement was higher than what the business owner had been allowing staff, information about working hours was incorrect, and several other sections contradicted apprentice agreements which staff had signed separately.

The whole thing was a recipe for an unpaid holiday or wages claim at Tribunal – and yet this was a good, supportive employer who wanted to do the best for their staff. If those contracts had originally been drafted by someone who knew what they were doing, the business would’ve been at far less legal risk and in a better position to manage their team effectively. So yes, I do think small businesses need more than just off-the-shelf HR resources.

A business-led, people focused approach to HR

At this point I should introduce myself properly. I’m Susi, an independent HR consultant specialising in employment law matters. My business is Susi O’Brien HR and I offer the following services to clients:

• Bespoke policies, contracts, and other HR template documents
• Advice on HR matters
• HR and employment law training
• Workplace investigations
• Support with other HR projects

My approach to HR support is guided by two main principles. Firstly, that clients should remain in control of their own business decisions. This means I give advice, not instructions, and where possible, I provide different options about how tricky HR matters can be resolved fairly and lawfully. Obviously, I’d rather that clients agreed with my advice and  went ahead with my suggestions, but that means I have to be on the ball with business-savvy reasoning, as well as really listening to what the client needs.

The second principle guiding me is that the essential ingredient for every employment tribunal claim is an unhappy employee. To protect a client’s business, my focus isn’t merely on technical legal compliance (which is of course, important!) but also helping leaders manage situations in a way that their staff feel supported, listened to, and treated fairly – even if they’ve been made redundant or dismissed for gross misconduct. That doesn’t mean that the staff member is going to come out and say how happy they are about the situation at hand, but hopefully they won’t find too many grounds for specific complaint either. Taking legal action against an employer requires real determination and is usually motivated by anger. If we can remove or at least dampen down that anger along the way, it’s not just about being ‘nice’. It can massively decrease legal risks.

Why strong employment law knowledge matters

To deliver this kind of bespoke advice and support as consultants, we need excellent employment law knowledge. Mine has developed over 20 years of HR management experience and multiple qualifications, including separate masters degrees in both HR and employment law. Active membership of bodies like HRi and the HR Inner Circle help to keep that knowledge up to date. Ultimately, that’s what underlies my confidence as an HR Consultant. My job then, is to build similar confidence amongst my clients as they manage teams on a day-to-day basis.

Previous successes for clients and I have included:

• Enabling fair and reasonable dismissal processes which have ended without challenge (even when the person dismissed was the most argumentative individual I’ve ever come across in my life – but that’s a separate story!)
• Resolving tense stand-offs between managers and employees over flexible working requests
• Managing temporary business downturns without fuelling conflict or redundancies
• Investigating and resolving complex harassment allegations
• Supporting employees back to work following long-term absence – or enabling dignified and respectful exits for those unable to return

The difference confidence makes

I love my work, and I love combining employment law technicalities with the vibrant and ever-changing realities of the workplace. That’s how consultants like me deliver value to small businesses.

Author: Susi O’Brien, APHRi | Susi O’Brien HR Consultancy