The benefits of obtaining legal advice from HR companies

11 September 2019

Navigating your business to success is no easy ride. You face a whole host of challenges along the way.

Employee issues, contract problems and internal disputes are common issues.

Running your own business requires dedication and focus. For example, day-to-day operations take up most of your time. The same goes for every employer.

HR consultant duties

So, when you do hit a bump in the road, who are you going to call? Will you know what your employment law duties are? If not, don’t worry. It’s a challenge many small business owners like yourself face.

All your employees enjoy various protections. Included are health & safety, employment equality and unfair dismissal laws for instance.

With spare time hard to come by, outsourcing certain departments might be the answer. A solutions company that provides HR and employment law legal advice could be the way to go.

HR consultant duties explanation

At one point or another you might seek legal advice from a legal professional.

You may be aware that advice from a legal professional is privileged and you can refuse to disclose the advice you received from a solicitor or barrister.

The same goes for advice received from an HR consultant in a contentious employee matter.

Here litigation privilege protects the advice, meaning a disgruntled employee who makes a claim will not be entitled to see your communications with your HR consultant. 

Circuit Court ruling on litigation privilege

In 2017, the Circuit Court examined the right of an employer to refuse to disclose information. Involved was a familiar name, Peninsula, as we had provided the employer with HR advice.

Facing an unfair dismissals claim, Peninsula defended the employer.  

During legal proceedings, the employee wanted to see what advice the employer had received from Peninsula. Did the employer have the right to refuse to disclose the advice received?

According to the Circuit Court, yes. They found that communications both before and after the employee filed his unfair dismissal claim were subject to litigation privilege.

Welcome clarification

The Circuit Court decision was a big win for HR consultants. It allows employers to seek advice in the knowledge that all communications receive protection.  

The decision also underlines the value of HR consultancy advice in difficult employee scenarios.

Need help?

Outsourcing your HR may be the answer. Call for immediate help: 1890 252 923.

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