Employment Lawyer vs. HR
Martin Nicholson discusses the relationship between an HR Practitioner and an Employment Lawyer, and whether employers need to choose between the two.
I had a client tell me last year that they didn’t think we did employment law… My first response was to advise that a lot of what we do is already within the employment law landscape and we do an awful lot in the Employee Relations area.
We then made sure our website mentioned employment law!
But it got me thinking how the interaction with Employment Lawyers and HR Practitioners should work.
I have, I think, a great relationship with a number of Employment Lawyers. I find the most interesting providers are those who are pragmatic and seek to fix a business issue as opposed spouting case law at me. I use those providers for settlement agreements (advice to staff) and for general updates, and we will take advice where a matter is particularly tricky or contentious. I would say we deliver 95% of our work in-house using our years of HR experience and HR background, plus knowing the guides that support us. We use HR Inform, subscribe to XpertHR and closely follow ACAS guides. Delivering the practical application of the law, and coaching managers within our clients’ businesses, is what makes our role so varied. Yes, there are times when we need a more focussed view, and that’s the 5% when we speak to our partners in employment law and seek their counsel.
It’s definitely not a Lawyer vs. HR battle - or certainly shouldn’t be. A good partnership means we appreciate both sides of law vs. process/policy and can work together to give our respective clients – business owners and directors - a first-class experience. Sometimes the law, though well intended, presents a real issue. That’s when the business owner needs to decide the best route commercially, but always based on ProAction HR having researched first, presented the various options and advised on the potential pitfalls.
Employment Lawyer and HR working together presents the best approach, its not ‘them vs. us’ but a partnership that should be seeking value every time for our clients.
There is a lot changing in 2024 and beyond. Do you fancy meeting one of our partner Employment Lawyers and getting an overview on future legislation changes? We’re holding a FREE breakfast on Tuesday 19th March where Edward O’Brien* from Lester Aldridge will be our guest speaker. Places are limited, so book now.
* Edward advises both companies and individuals on a broad range of contentious and non-contentious employment issues. His clients have included large national and international companies, SMEs, national trade unions, high-net-worth individuals and junior employees.
Edward has experience in advising large, multi-site businesses on redundancy programs and the impact of TUPE on the buying and selling of entities.
We really like Edward’s style and he has been recommended by clients for his clear concise advice and pragmatic approach.
