Most workplace challenges begin as people issues rather than legal issues. May be an underperforming employee, a difficult conversation, conflict within a team or organisational change.
Sometimes, however, people issues can develop into matters that have legal implications. Knowing when to seek additional support and understanding the role different support can play can help employers navigate challenges confidently and minimise risk.
Why starting with a conversation matters?
When a concern first arises, it can be tempting to move straight to a formal process or to put off raising the issue altogether. In most cases, an early, open conversation is the better starting point.
A well-timed conversation gives both parties the chance to be heard. It allows concerns and expectations to be set out clearly from both perspectives. Starting with a conversation also helps to preserve trust. Employees who feel they have been approached fairly and given a genuine opportunity to respond are less likely to feel the need to raise a formal grievance or seek outside advice. Moving too quickly to a formal process from either side can harden positions and make a resolution harder to reach.
That said, this does not mean it is an unprepared conversation, what advice is needed to ensure it is productive and safe. People Partners can help employers plan and approach these conversations with confidence. Where the situation is more sensitive, it may be worth taking legal advice before the conversation takes place, including whether a protected conversation may be appropriate.
What is the difference between a people partner and an employment solicitor?
There is often overlap between the support provided. Both may assist with matters such as employment contracts, policies and workplace processes.
People Partners tend to take a hands-on role in supporting employers to manage and implement people-related situations and decisions, whereas employment solicitors advise on the legal implications and associated risks.
The two are not mutually exclusive and often work most effectively together.
When is the right time to seek employment legal advice?
There is no single point at which legal advice becomes necessary. Sometimes it is helpful to seek legal input at the planning stage of an exercise, whether that is a redundancy process, workplace restructuring, disciplinary matter or senior-level exit. A brief discussion at the outset can help identify potential legal risks before important decisions are made, even before any conversation is had.
Employees now have unprecedented access to information about workplace issues, whether through online resources, media coverage or AI-powered tools. As a result, concerns that might previously have remained informal are now more likely to be raised directly through grievances or references to legal rights. This makes early, constructive conversations more important than ever, and it may also prompt an employer to seek advice at an earlier stage than it otherwise might have done.
In other cases, a matter may naturally reach a point where legal advice becomes appropriate. This is often where a workplace issue has become more complex or the stakes are higher. For example, an employee may raise allegations of discrimination, harassment or whistleblowing, concerns may arise regarding confidential information, or a dispute may escalate to the point where legal proceedings are threatened, or Acas Early Conciliation is commenced.
The benefits of seeking employment legal advice
Legal advice can help employers understand their obligations, assess risk and make informed decisions during what can often be complex or fast-moving situations.
Employers may also benefit from legal professional privilege in certain circumstances when seeking advice from a solicitor. In simple terms, this means employers can seek candid advice about legal risks, strengths, weaknesses and potential options without that advice later having to be disclosed to the employee or an Employment Tribunal.
Getting the right support at the right time
There is rarely a clear dividing line between a people issue and a legal issue.
What begins as a conversation about performance, conduct or organisational change may, over time, give rise to wider legal considerations. Starting with an open, well-prepared conversation gives the best chance of resolving matters early, and with the right people and legal support, employers are better placed to deal with workplace issues as they arise.
Knowing when to seek employment legal advice can help employers manage workplace issues, reduce risk and make informed decisions with confidence.
Catherine Morris collaborated with Emma Ford of Coaching-4-Careers on this article, exploring when workplace issues may benefit from people support and employment legal advice. C4C help people and organisations achieve meaningful change and purpose through coaching, leadership development, accredited courses and professional training.