Employment Solicitor: What They Do, When To Instruct And Get Value

Hiring your first team member or growing a small team is exciting - it’s a sign your business is moving forward. It also means you’re stepping into the world of employment law, policies and HR processes.

An employment solicitor helps you set up the right legal foundations, avoid costly disputes, and handle tricky staff issues with confidence. In this guide, we’ll explain what a UK employment solicitor does for small businesses, when to call one, the key laws you’ll need to follow, and the essential documents to have in place from day one.

What Does An Employment Solicitor Do For Small Businesses?

An employment solicitor is a specialist who advises employers on the full lifecycle of employment - from hiring and onboarding to performance management, restructuring and exits. For small businesses, the right advice is about staying compliant and resolving issues early, so you can focus on running the business.

Typical Ways An Employment Solicitor Can Help

• Draft and update core documents (for example, a tailored Employment Contract and policies) to match your industry, risk profile and working arrangements.
• Advise on employment status (employee vs worker vs contractor), right to work checks, and onboarding compliance.
• Guide you through day-to-day HR questions - sickness absence, flexible working requests, holiday pay, disciplinary processes and grievances.
• Design and run fair processes for performance management and capability issues, including a lawful Performance Improvement Plan.
• Handle restructures and redundancies, ensuring consultation and selection processes are compliant, and provide redundancy advice to limit risk.
• Investigate allegations of misconduct and advise on proportionate outcomes, from warnings to dismissal for gross misconduct.
• Defend Employment Tribunal claims or, ideally, help you avoid them with early, practical steps.

Put simply, an employment solicitor helps you prevent problems, and when issues do arise, ensures you follow a fair, defensible process that meets your legal duties.

When Should You Instruct An Employment Solicitor?

You don’t need a lawyer for every HR task. But there are clear trigger points where getting advice early can save you significant time, stress and cost later.

1) Before You Hire Or Change Working Arrangements

Key decisions - like hiring your first employee, engaging contractors or shifting to hybrid/remote work - affect your legal duties. An employment solicitor can help you determine the correct employment status, structure your working patterns safely and ensure your contracts and policies cover pay, hours, IP, confidentiality and post-termination restrictions.

2) When Performance Or Conduct Becomes A Pattern

Don’t wait until a situation escalates. If you’re issuing repeated warnings, facing refusal to follow reasonable instructions, or productivity is slipping, take advice on a fair approach. You may need to initiate a documented process, such as a formal Performance Improvement Plan or a conduct investigation, aligned with the ACAS Code.

3) Health, Sickness And Reasonable Adjustments

Absence management can be sensitive and legally complex - particularly where a condition could be a disability under the Equality Act 2010. Early legal input helps you make reasonable adjustments, manage capability fairly and reduce discrimination risk.

4) Disciplinary, Grievances And Potential Dismissals

If you’re considering a disciplinary process, suspension, or dismissal, get advice first. A solicitor will help you follow a fair procedure, gather evidence, consider alternatives and document your reasoning. This is critical if there’s an allegation of gross misconduct or you’re contemplating capability dismissal.

5) Restructures, TUPE And Redundancy

Restructures require careful planning. You’ll need to consult properly, apply objective selection criteria and provide statutory and contractual payments. If you’re acquiring or outsourcing services, TUPE may apply - another key moment to bring in a solicitor for robust redundancy advice and transfer planning.

6) You Receive An Employment Tribunal Claim (Or A Threat)

Act quickly and don’t ignore correspondence. Early advice can help you assess risk, preserve evidence, engage with ACAS early conciliation and decide on strategy (defend, settle, or remedy and move on).

Core UK Employment Laws You Must Follow

As an employer, you’re bound by a number of core statutes and guidance. You don’t need to memorise the legislation - but you do need to know what it requires in practice.

Employment Rights Act 1996

• Provides key rights like the right to a written statement of particulars (usually satisfied by a compliant Employment Contract), rules on unfair dismissal (after qualifying service), notice periods and redundancy.
• Sets out the framework for lawful deductions from wages, itemised payslips and working time protections alongside other regulations.

Equality Act 2010

• Bans discrimination, harassment and victimisation on protected characteristics (e.g. sex, race, disability, age, religion, sexual orientation).
• Requires reasonable adjustments for disabled employees and candidates. You’ll need clear processes for recruitment, performance and exit decisions to evidence fair treatment.

Working Time Regulations 1998

• Set limits on weekly working hours (usually 48 hours on average unless there’s an opt-out), rest breaks and annual leave. Make sure your scheduling and rotas align with the Working Time Regulations including record-keeping.

National Minimum Wage Act 1998

• Requires you to pay at least the correct minimum wage or National Living Wage, depending on age and status. Check rates annually and watch out for deductions that could reduce pay below the legal minimum.

Health And Safety At Work Etc. Act 1974

• Requires employers to ensure, so far as is reasonably practicable, the health, safety and welfare at work of employees. Consider risk assessments, training, equipment and safe systems of work, including for remote workers.

Data Protection Act 2018 And UK GDPR

• Covers how you handle employee data - from recruitment and HR files to monitoring. Have a lawful basis for processing, keep data secure, be transparent with privacy notices and respond to subject access requests correctly.

ACAS Code Of Practice (Disciplinary And Grievance)

• Not legislation, but Tribunals consider whether you followed it. Failure can increase awards by up to 25%. It sets out fair steps for investigations, hearings and appeals.

There are other rules that may apply depending on your sector and workforce arrangements (for example, Agency Workers Regulations, family leave rights and TUPE). If you’re unsure, it’s wise to get tailored guidance before making decisions that affect people’s jobs.

Essential Employment Documents Your Business Should Have

Strong, tailored documents reduce disputes and give you day-to-day clarity. Avoid using generic templates - your documents should reflect how your business actually operates.

1) Employment Contract

Every employee needs a written contract that covers pay, hours, place of work, duties, probation, notice, benefits, confidentiality and IP ownership. Clauses should also address disciplinary and grievance routes, post-termination restrictions (where appropriate) and lawful deductions. A solicitor-drafted Employment Contract ensures you’re compliant and protected.

2) Staff Handbook And Policies

Policies make your expectations clear and help you act consistently. Typical inclusions are absence and sickness, flexible working, disciplinary and grievance, equality, health and safety, data protection, social media and IT security, and expenses. Keeping these together in a practical Staff Handbook makes updates and roll-out much easier.

3) Working Time, Holidays And Overtime

Your contracts and policies should explain hours of work, breaks, annual leave accrual and booking, overtime, time off in lieu and any opt-outs under the Working Time Regulations. Clear rules help you manage costs and fairness across the team.

4) Performance And Conduct Framework

It’s important to set out how you handle poor performance and misconduct. Your handbook should align with ACAS principles and signpost to a structured process, which may include informal steps and, where needed, a formal Performance Improvement Plan or a conduct investigation.

5) Data Protection And Monitoring

If you use CCTV, monitor emails or collect health information, explain what you do, why and how long you keep data, consistent with UK GDPR. Policies should cover IT security, bring-your-own-device and remote working to reduce data risk.

Handling Disputes And HR Processes The Right Way

Even with strong hiring and clear policies, issues can arise. The key is to act promptly, follow a fair process and document your reasoning. An employment solicitor can guide you step-by-step so your approach is reasonable and legally defensible.

Investigations And Disciplinary

Start by understanding the allegation, appointing an impartial investigator and gathering evidence. Invite the employee to a hearing with the right notice and disclosure, allow a companion, and document the discussion. Consider proportionate outcomes - from no action to warnings or dismissal - and offer an appeal. Where allegations are serious, take advice on whether gross misconduct dismissal might be justified, recognising the high bar and need for a robust process.

Suspension

Suspension is not a punishment; it’s a neutral act used only when necessary - for example, to protect evidence or safety. It should be short, kept under review and on full pay unless the contract expressly allows otherwise. For practical guidance on risks and good practice, read about employee suspension before you act.

Capability And Performance

Where performance falls short, give clear feedback, set measurable objectives, and provide support or training. If needed, move into a formal process with review periods and the possibility of warnings. A well-structured Performance Improvement Plan aligns expectations, demonstrates reasonableness and reduces unfair dismissal risk.

Grievances

Handle complaints promptly and objectively. Acknowledge, investigate, meet with the employee, share findings and allow an appeal. Respect confidentiality as far as possible and keep thorough records. External mediation can sometimes resolve entrenched issues.

Redundancy And Restructuring

Plan carefully, consult meaningfully and keep objective, evidence-based selection criteria. Ensure correct notice and redundancy payments, and consider suitable alternative roles. Where TUPE applies (service transfers, insourcing/outsourcing, business sales), special rules protect employees’ terms and continuity - get early redundancy advice to avoid missteps.

Settlement Discussions

Sometimes it’s in everyone’s interests to agree an exit. “Without prejudice” and protected conversations have rules - a solicitor will help you manage risks, structure a settlement agreement and ensure any waiver of claims is effective.

How To Work With An Employment Solicitor Efficiently

You’ll get the most value if you approach employment law proactively and share the right information up front. Here’s how to keep matters smooth and cost-effective.

Be Proactive, Not Reactive

Set up your contracts and policies before issues arise. It’s far cheaper to invest in solid documents and training than to defend a claim later. Adopting a practical Staff Handbook and a clear Employment Contract for each employee will pay dividends.

Get The Facts In Order

When you need advice on a live issue, provide a short timeline, the key documents (contracts, policies, emails, notes) and your objective. If performance is the concern, evidence of targets, feedback and reviews will help your solicitor advise on next steps and risk.

Know The Commercial Outcome You Want

Do you want to retain and improve performance, reassign duties, or exit fairly and lawfully? Being clear about your goal helps your solicitor shape a practical strategy, whether that’s a Performance Improvement Plan, a disciplinary route, or a settlement pathway.

Budget And Timescales

Ask about fixed-fee options for predictable costs where possible (for example, drafting core documents or advising on a discrete process). For open-ended disputes, agree scope, milestones and a communication plan so you’re never in the dark.

Train Managers

Policies are only as good as how they’re applied. Train line managers on absence, feedback, informal resolution and when to escalate. Early, well-handled conversations often prevent formal disputes.

Keep An Eye On Compliance Hotspots

Common pinch points include minimum wage compliance (including deductions), holiday pay calculations, working hours, and getting employment status right for casual or gig-style arrangements. Build simple checks into your HR admin so issues are caught early.

Key Takeaways

• An employment solicitor is a practical partner for small businesses - helping you set up strong contracts and policies, stay compliant and run fair processes that reduce disputes.
• Get advice at key moments: hiring your first employee, changing working patterns, recurring performance issues, disciplinary investigations, restructures or when Tribunal risk appears.
• Know the core laws that apply: Employment Rights Act 1996, Equality Act 2010, Working Time Regulations 1998, National Minimum Wage Act 1998, Health and Safety at Work etc. Act 1974, UK GDPR and the ACAS Code.
• Put essential documents in place early - a tailored Employment Contract, a practical Staff Handbook and clear processes for performance, conduct, data protection and working time.
• For live issues, act promptly, follow a fair and documented process, and seek guidance on high-risk steps like suspension, gross misconduct or redundancy selection.
• Work efficiently with your solicitor by being proactive, sharing clear facts, defining commercial goals and considering fixed-fee options for predictable costs.

If you’d like tailored support from an employment solicitor, you can reach our team on 08081347754 or team@sprintlaw.co.uk for a free, no-obligations chat. We’ll help you get protected from day one and handle HR issues with confidence.