When businesses face complex workforce challenges, they often seek professional support to navigate the intricacies of employment matters. Two common sources of expertise are HR consultants and employment lawyers. But what is the difference between an HR consultant and an employment lawyer? Understanding their distinct roles can help you determine which professional is best suited to your needs.
There are differences and ultimately a lot will depend on what’s right for your business.
HR Consultant: The People-Focused Problem Solver
HR consultants are professionals who specialise in human resources strategies and practices. Their primary role is to support businesses in managing their workforce efficiently and effectively. Here’s what they typically offer:
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Policy Development: HR consultants create and implement workplace policies that align with business goals and legal requirements.
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Recruitment and Retention: They assist in hiring strategies, onboarding processes, and developing retention programmes.
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Employee Relations: HR consultants act as intermediaries to resolve conflicts, foster positive workplace culture, and improve employee engagement.
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Compliance Guidance: While not legal professionals, they ensure businesses adhere to employment laws and best practices.
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Training and Development: Many HR consultants design and deliver training programmes to upskill employees and managers.
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Employment Lawyer: The Legal Expert
Employment lawyers are qualified solicitors who specialise in employment law. Their expertise lies in handling legal issues related to employment. Key aspects of their role include:
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Dispute Resolution: Representing clients in tribunal cases or litigation involving unfair dismissal, discrimination, or breach of contract.
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Legal Advice: Providing guidance on complex legal matters such as redundancies, TUPE regulations, and disciplinary actions.
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Risk Management: Advising on strategies to mitigate legal risks associated with employment practices.
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Key Differences Between HR Consultant and Employment Lawyer
While both HR consultants and employment lawyers offer valuable support to businesses, their approaches and areas of focus differ significantly:
| Aspect | HR Consultant | Employment Lawyer |
|---|---|---|
| Focus | Workforce management | Employment law |
| Expertise | HR strategies, policies, and practices | Legal advice and representation |
| Qualifications | HR certifications, CIPD membership | Law degree, solicitor qualification |
| Services | Recruitment, training, employee relations | Tribunal representation, legal disputes |
| Cost | Generally cost-effective for ongoing support | Higher fees for specialised legal cases |
When to Choose an HR Consultant
Human resources go far beyond hiring and firing. An experienced HR Consultant often brings years of expertise, providing business support to managers across a wide range of areas, from recruitment to dismissals. Many HR professionals have direct experience managing teams, giving them insight into the challenges managers face. This allows them to offer practical and effective HR advice, grounded in real-world understanding. Their role often includes advising on employee attraction, selection, company culture, employee relations, and the health and wellbeing of staff, while ensuring compliance with contracts and HR policies that align with an organisation’s culture and brand.
HR Consultants can act as an extension of your team, contributing to business strategy and serving as a valuable sounding board. While they don’t typically represent employers at Employment Tribunals, they collaborate with Employment Lawyers for such matters. Their focus lies in areas like preparing ET3 responses and facilitating early settlements with ACAS. Additionally, HR Consultants often attend face-to-face meetings with employees, providing guidance and coaching to managers, ensuring a hands-on and collaborative approach to managing your workforce.
An HR consultant is ideal when your business needs to:
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Develop or update HR policies and procedures.
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Address employee relations issues such as grievances or performance management.
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Improve recruitment, retention, or training strategies.
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Ensure compliance with employment laws without requiring detailed legal advice.
When to Hire an Employment Lawyer
An Employment Solicitor is a legal specialist with a law degree, equipped to provide advice and services on employment law. They are experts in litigation, negotiation, and staying updated on complex legislation, ensuring businesses understand legal risks and make informed decisions. Often, they provide commercial advice, helping organisations determine whether settling disputes might be more practical. Their expertise extends to contractual matters, including policy and compliance, which is particularly valuable during business transitions such as mergers, acquisitions, or restructures.
While Employment Lawyers are ideal for handling legal claims or complex changes, HR Consultants offer practical support for day-to-day HR needs like absence management, performance, and succession planning. Cost is a key differentiator; lawyers are typically more expensive, but the choice depends on your specific requirements. For instance, legal representation at an Employment Tribunal may necessitate a lawyer, while HR Consultants are better suited for providing operational guidance to managers.
You should engage an employment lawyer when:
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Facing potential or ongoing legal disputes with employees.
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Navigating complex legal scenarios such as redundancies or TUPE transfers.
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Dealing with allegations of discrimination, unfair dismissal, or other claims.
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Drafting or revising employment contracts with significant legal implications.
Duplication and Collaboration
There are areas where HR Professionals and Employment Lawyers do similar work. As we’ve outlined, both may prepare contracts of employment, and advise on disciplinary matters and on redundancy.
There are areas where they might work together in a positive way. We refer work to Employment Lawyers on complex matters and tribunal claims, and some of these professionals also refer work to us that they feel is better suited to our skills set. This approach works well with our clients as we can save them time and money by liaising with the Employment Lawyers on their behalf. This keeps costs down and break down the jargon in easy to understand language for the client.
An Employment Lawyer could be giving you advice on complex discrimination claims. However, an HR Consultant could be the one to help you with the face to face meetings.
Conclusion
Understanding the difference between an HR consultant and an employment lawyer is crucial for businesses aiming to address workforce challenges effectively. HR consultants focus on optimising people strategies and fostering a positive work environment, while employment lawyers provide specialised legal guidance and representation. By recognising their unique contributions, you can make informed decisions about which professional support best aligns with your business needs.
If you’re looking for expert HR consultancy services or need guidance on employment law, contact us today to ensure your workforce is managed efficiently and in compliance with legal standards.
FAQ
1. What is the difference between an HR consultant and an employment lawyer?
HR consultants focus on workforce management and HR strategies, while employment lawyers specialise in employment law and provide legal advice.
2. Can HR consultants provide legal advice?
No, HR consultants are not qualified to give legal advice. For legal issues, you should consult an employment lawyer.
3. Are HR consultants cheaper than employment lawyers?
Generally, HR consultants are more cost-effective for ongoing HR support, while employment lawyers charge higher fees for legal expertise.
4. Do I need both an HR consultant and an employment lawyer?
In some cases, businesses benefit from working with both to address HR challenges and legal compliance comprehensively.
