Last Thursday, we launched our three-part campaign looking at the HR excuses that can come back to haunt employers.
This week we tackle another three: “We’re only a small business.” “Everyone knows the company rules.” And the particularly dangerous: “Can’t we just sack them?”
Small businesses need practical HR — not unnecessary bureaucracy. But practical does not mean ignoring employment law or abandoning fair processes.
Excuse 4: “We’re Only a Small Business — Surely All This Doesn’t Apply to Us?”
Our answer: Being small is not a general exemption from employment law.
The size and administrative resources of an employer can be relevant in certain circumstances, but SMEs still need to manage employees fairly, consistently and lawfully.
In fact, poor HR can have a disproportionately large impact on a smaller organisation.
What could happen if you don’t? One difficult employee situation can consume hours of senior management time. Instead of focusing on customers, sales, operations, cash flow and growth, managers can become absorbed by grievances, investigations, disciplinary meetings, correspondence, sickness issues and potentially legal proceedings.
For an SME, prevention is generally far cheaper than cure.
Excuse 5: “Everyone Knows the Company Rules”
Our answer: Can you demonstrate that?
Where are your policies? When were employees given them? Can they access the current Employee Handbook? When something changes, how do employees know?
Having a beautifully written Employee Handbook sitting in a manager’s drawer is of little practical value. Employees should know where relevant policies can be found and employers should keep appropriate records showing that important information has been communicated.
For businesses using HR systems such as Breathe HR, keeping current documents accessible electronically can make this considerably easier.
What could happen if you don’t? Imagine trying to discipline an employee for breaching a company rule. The employee says, “I’ve never seen that policy.” The manager says, “Everyone knows it.” HR asks, “When was it given to them?” Silence.
Excuse 6: “Can’t We Just Sack Them?”
Our answer: Sometimes there may ultimately be a fair reason for dismissal — but process matters.
Depending on the circumstances, an appropriate process could involve establishing the facts, carrying out an investigation, informing the employee of the concerns, allowing them to respond, considering their explanation, following the relevant procedure, considering alternatives or mitigation and reaching a reasonable decision based on the evidence.
The Acas Code of Practice is particularly important in disciplinary and grievance situations.
What could happen if you don’t? An employer can begin with a genuine management concern and weaken its position through a flawed process. Where the Acas Code applies, an Employment Tribunal can adjust compensation by up to 25% for an unreasonable failure to comply with it.
Don’t decide the outcome and then try to create the process afterwards.
Comment from Matthew Chilcott — Owner, Consensus HR
“SME owners regularly tell me they don’t want HR to become corporate or bureaucratic — and I agree with them. Good HR for an SME should be practical and proportionate.
But there is an enormous difference between keeping a process straightforward and not following a process at all. When somebody says, ‘Can’t we just sack them?’, my job is to understand what has happened, identify the risks and help the business take the appropriate next steps.
Sometimes slowing a manager down and getting the process right can prevent months of unnecessary problems afterwards. Good HR doesn’t stop managers managing. It helps managers manage properly.”
Matthew Chilcott — Owner, FCIPD, ACEL, BA (Hons)
Next Thursday — the final part
Next week we tackle: “We’ll do the Right to Work check later.” “It’s only an office — we don’t really need Health & Safety.” And perhaps the biggest HR excuse of all: “Nothing has ever gone wrong before.”
Need practical HR support?
Consensus HR supports SMEs across Hertfordshire, Bedfordshire and Cambridgeshire with practical, proactive HR and Employment Law support.
Recruiting the wrong person and then failing to manage their probation properly can be considerably more expensive.
One of the most common situations we see when supporting businesses is an employee approaching the end of their probationary period and the manager suddenly asking: “What are we going to do about their probation?”
Our response is often another question: “What have you been doing throughout their probation?”
Because a probationary period should never simply be a date entered into the calendar when somebody joins the company. It should be an active management process from Day One.
Why probation management is becoming even more important
From 1 January 2027, the qualifying period for ordinary unfair dismissal protection will reduce from the current two years to six months. The Government has specifically advised employers using contractual probation periods to consider how those arrangements will operate alongside the new six-month qualifying period. Government guidance.
ACAS also emphasises that probation gives employers an opportunity to assess performance, skills and suitability while giving the employee the opportunity to decide whether the role and organisation are right for them. ACAS guidance.
Probation is not a date in the diary – it is a management process.
“But they’re still on probation…”
Being on probation does not mean an employee has no employment rights. Employees can have important rights from the beginning of employment, including protection against discrimination and certain automatically unfair reasons for dismissal.
This is why managers should never assume: “They’re in probation, so we can just get rid of them.” There should still be a genuine business reason for the decision and an appropriate process.
What should actually happen during probation?
A well-managed probationary period should start when the employee joins the organisation – not a few days before the probation expiry date.
Expectations are clear from the beginning. The employee should understand their role, responsibilities, standards and objectives.
SMART objectives are agreed. What does successful performance actually look like, and how will it be measured?
Regular probation meetings take place. Don’t wait until the final week. Review progress throughout the probation period.
Concerns are raised when they happen. If something is not right in week four, discuss it in week four – not month six.
Support and training are provided. Employees should have a reasonable opportunity to understand and achieve the required standards.
Everything is documented. Keep notes of meetings, objectives, concerns, support and agreed actions.
A clear decision is made before probation expires. Confirm whether the employee has passed, whether an extension is appropriate where contractually permitted, or whether employment should end following an appropriate process.
ACAS guidance says that where probation is extended, the employer should tell the employee in writing before the original probation expires and agree matters such as the extension period, review points, improvement expectations, training and final review. Read more from ACAS.
The dangerous “automatic pass”
Imagine this situation. An employee has a six-month probationary period. Month one – a few concerns. Month two – the manager says performance needs to improve. Month three – another informal conversation. Month four – nothing documented. Month five – the manager is busy. Month six – the probation expiry date passes.
Two weeks later the manager contacts HR: “They’ve never really been performing. Can we extend their probation?”
That is exactly the kind of situation businesses should be avoiding. Good HR is about dealing with people issues proactively rather than reactively.
Comment from Matthew Chilcott – Owner, Consensus HR
“One of the biggest mistakes I continue to see is businesses putting a probation end date in the diary and then doing very little until that date arrives.
Throughout my career, I have always believed that probation should be an active management process. A new employee should know what is expected of them, how their performance will be measured and whether they are achieving the required standard.
If there is a problem in month one, talk about it in month one. Don’t wait until the end of probation and suddenly produce a list of concerns the employee has never previously heard.
With unfair dismissal protection changing from January 2027, getting recruitment, induction and probation right is going to become even more important.”
Matthew Chilcott – Owner, Chartered FCIPD, ACEL, BA (Hons)
Is your probation process ready for 2027?
Now is the time for employers to review:
Contracts of Employment
Probation clauses
Induction processes
Probation documentation
Manager training
SMART objectives
Performance records
At Consensus HR, we also provide our structured Probationary Period Workbook, designed to help businesses and managers properly manage and document the first months of employment.
Because the best time to discover that somebody is not right for your business is during a properly managed probation process – not months afterwards.
Need HR support?
Consensus HR provides outsourced HR & Employment Law support to businesses throughout Hertfordshire, Bedfordshire and Cambridgeshire.
“We haven’t got time.” “They know they’re not performing.” “We’ll do the paperwork later.” Sound familiar?
Over the next three Thursdays, Consensus HR is looking at some of the most common excuses we hear when businesses have not completed essential HR processes — and, more importantly, what can happen when an apparently small shortcut turns into a much bigger people problem.
Good HR is not about producing paperwork for the sake of it. It is about making sure employees know what is expected, managers know how to manage and the business can demonstrate what it has done if a situation later becomes disputed.
Excuse 1: “We Haven’t Got Time to Complete the Probation Review”
Our answer: Make time.
If your business has invested time and money recruiting somebody, their probationary period should be actively managed. Probation should not consist of putting a date in the diary for three or six months’ time and hoping everything goes well.
Managers should discuss performance, conduct, attendance, training, objectives and any areas requiring improvement throughout probation. If there is a problem, tell the employee, give clear examples, explain what improvement is required, offer appropriate support and set a review date.
What could happen if you don’t? Problems may continue until the end of probation, leaving the employee able to say: “Nobody ever told me there was a problem.” Employers should also remain mindful of contractual obligations and legal risks including discrimination and automatically unfair dismissal protections.
Manage probation from day one — not on the final day.
Excuse 2: “They Know They’re Not Performing — I’ve Told Them Loads of Times”
Our answer: What does your documentation show?
Managers frequently tell us that they have spoken to an employee “loads of times”. We then ask: When? What was discussed? What examples were given? What improvement was required? Was a timescale agreed? Was support or training offered? When was it going to be reviewed?
Not every management conversation needs to become a formal HR process. Informal conversations are an extremely important management tool. But important conversations should be appropriately documented.
What could happen if you don’t? Months later, the employee may remember events differently. Instead of clear evidence of repeated discussions, the position can become “I definitely told them” versus “No, you didn’t.” A simple contemporaneous note or follow-up email can make the position considerably clearer.
If the conversation matters, appropriately record it.
Excuse 3: “We’ll Sort the Paperwork Out Later”
Our answer: Later has an unfortunate habit of becoming never.
Employment documentation is not simply administration. Written records provide clarity about what has been agreed and can help prevent misunderstandings later.
This can apply to probation, performance, sickness absence, flexible working, reasonable adjustments, disciplinary and grievance matters, training and changes to employment arrangements. Records containing personal information must also be handled appropriately under applicable data-protection requirements.
What could happen if you don’t? Managers leave. Employees leave. Memories fade. Circumstances change. Six months later somebody asks, “What did we actually agree?” — and nobody can prove the answer.
Comment from Matthew Chilcott — Owner, Consensus HR
“One of the biggest mistakes I see businesses make is believing that dealing with HR properly takes too much time. In reality, the conversations managers avoid and the paperwork they don’t complete are often exactly the things that take considerably more management time when a problem develops later.
Probation is a perfect example. Don’t recruit somebody, leave them largely unmanaged for three or six months and then suddenly decide at the end that they are not suitable. Manage from day one. Talk regularly. Set clear expectations. Document the important points and deal with concerns when they arise.
Twenty minutes spent managing something properly today could save hours, days or even weeks further down the line.”
Matthew Chilcott — Owner, FCIPD, ACEL, BA (Hons)
Next Thursday…
Part Two: “But We’re Only a Small Business!” We tackle three more familiar excuses, including why being an SME does not mean employment law can simply be ignored — and why “everyone knows the rules” can be a dangerous assumption.
Need practical HR support?
Consensus HR supports SMEs across Hertfordshire, Bedfordshire and Cambridgeshire with practical, proactive HR and Employment Law support.
The new Fair Work Agency (FWA) has begun its inspection activity, with employers being contacted about forthcoming visits and being told what employment documentation enforcement officers may wish to inspect.
For employers, this is another reminder of why HR compliance cannot simply be dealt with when something goes wrong.
The Fair Work Agency was established on 7 April 2026 under the Employment Rights Act 2025 and is responsible for enforcing a range of employment rights. Its current responsibilities include employment agency conduct, modern slavery and gangmasters licensing, with responsibility for National Minimum Wage enforcement due to transfer fully from HMRC from April 2027.
Inspections Can Be Announced – or Unannounced
Employers may be selected for an inspection to assess whether they are complying with legislation falling within the FWA’s remit.
Importantly, an inspection does not necessarily mean that somebody has made a complaint.
Inspections may be prearranged or unannounced.
Where an inspection is arranged in advance, employers will usually receive an email explaining what documentation the FWA wishes to inspect and the deadline for providing it.
The documents requested will depend upon the organisation and the reason for the inspection. For example, an employment agency could be asked to provide workers’ contracts, Key Information Documents and terms of business with clients.
What Can Fair Work Agency Enforcement Officers Do?
Employers should understand that an FWA inspection can involve considerably more than somebody simply asking to see a few HR documents.
Enforcement officers may examine documents, require individuals to produce or explain records, inspect business premises and inspect computers or other equipment used to process or store relevant information.
They may also require information to be provided, issue notices of underpayment, seize documents where authorised and potentially extend an investigation to relevant labour providers or users.
This makes good record keeping increasingly important. Employment documentation should not only be legally compliant – it needs to be accurate, current, organised and accessible.
What Happens If a Business Does Not Cooperate?
This is an area employers should take particularly seriously.
Obstructing an enforcement officer or providing false documentation may constitute a criminal offence.
Refusing to provide information, preventing access to premises, failing to comply with instructions or hindering the removal of documents may result in enforcement action, potentially including prosecution, civil penalties, criminal investigation or Labour Market Enforcement Orders.
The message for employers is straightforward: do not wait until an enforcement officer arrives before checking whether your HR records are in order.
Would Your HR Records Stand Up to Inspection?
At Consensus HR, we regularly talk about being proactive rather than reactive when managing people.
An FWA inspection is a good example of why.
Are our Contracts of Employment up to date?
Can we easily demonstrate that employees and workers have received the correct documentation?
Are our payroll and working-time records accurate and accessible?
Are National Minimum Wage requirements being correctly followed?
Are Right to Work records complete and stored correctly?
Are our HR policies and procedures current?
Do managers know what to do if an enforcement officer arrives at the business?
Could we confidently produce the information requested within a specified deadline?
If the answer to any of those questions is “I’m not sure”, now is the time to check.
The Importance of Management Awareness
It is not enough for HR documentation simply to exist somewhere on a computer.
Senior managers and those responsible for employees need to understand the organisation’s HR processes and know where relevant records are held.
Businesses should also have a clear process for dealing with an inspection. If an enforcement officer attends unexpectedly, employees and managers need to know who should be contacted internally and who is authorised to deal with the inspection.
A confused response can make an already challenging situation significantly harder.
Comment from Matthew Chilcott – Owner, Consensus HR
“The arrival of the Fair Work Agency is another significant change for UK employers and reinforces something we have always encouraged our clients to do – manage HR proactively rather than waiting for a problem.
An employer may believe everything is fine because nobody has complained, but an inspection does not necessarily need to follow a complaint.
If somebody arrived at your business and asked to see your employment documentation, contracts and relevant records, how quickly could you produce them and how confident would you be that everything was legally compliant and up to date?
That is the question I would encourage every SME owner and manager to ask.
Good HR is not about producing paperwork for the sake of paperwork. It is about having clear, commercial and compliant people-management processes that you can demonstrate when required.”
Matthew Chilcott – Owner, FCIPD, ACEL, BA (Hons)
Preparing Your Business Now
The Fair Work Agency does not yet have the full range of enforcement responsibilities it is expected to have in the future.
That makes 2026 an important opportunity for employers to review their HR compliance before the enforcement landscape develops further.
At Consensus HR, we work with SMEs across Hertfordshire, Bedfordshire and Cambridgeshire, helping businesses ensure their employment documentation, HR policies and people-management processes are legally compliant and practically workable.
Our retained clients benefit from ongoing HR and Employment Law support, helping them remain proactive as legislation and employer responsibilities change.
If you are unsure whether your HR documentation would withstand scrutiny, we can undertake an HR review and identify areas that may need attention.
Need HR & Employment Law Support?
Consensus HR – Your Outsourced HR Department
Helping companies take the pain out of managing people through clear, commercial and compliant people management.
By Matthew Chilcott – Owner, Consensus HR FCIPD, ACEL, BA (Hons)
Managers have one of the greatest influences on workplace culture, employee engagement and business performance.
Yet many organisations spend considerable time recruiting talented employees whilst investing far less time in developing the managers responsible for leading them.
The result can be a workplace where managers unintentionally create many of the issues they are expected to solve.
The Influence Managers Have
A manager’s actions affect almost every aspect of the employee experience.
Managers influence:
• Employee engagement
• Team morale
• Performance
• Attendance
• Workplace culture
• Staff retention
• Communication
• Customer service
Good management can help businesses thrive.
Poor management can create significant challenges.
Warning Signs That Management May Be Part of the Problem
Some common indicators include:
✔ High employee turnover
✔ Increased sickness absence
✔ Frequent grievances
✔ Low morale
✔ Poor communication
✔ Declining productivity
✔ Employee disengagement
Whilst these issues can arise for many reasons, management capability should always be considered as part of the wider picture.
Good Managers Are Not Born
Many businesses still promote employees into management positions because they are technically strong in their role.
However, being a successful employee and being a successful manager require very different skills.
Managers need to understand:
• Leadership
• Communication
• Performance management
• Employee wellbeing
• Difficult conversations
• Employment Law responsibilities
• Team development
Without support, even the most capable employee can struggle.
Continuous Development Is Essential
Management development should not be viewed as a one-off training session.
The most effective organisations encourage continuous learning through:
• Coaching
• Mentoring
• Internal development
• Leadership workshops
• Practical experience
• Ongoing support
Investing in managers often has a direct impact on employee engagement, productivity and retention.
Comment from Matthew Chilcott – Owner
“Many companies genuinely believe they are helping and rewarding a reliable employee when they promote them into management. However, without providing the necessary support and development, that individual can quickly become overwhelmed by the responsibilities placed upon them. I have seen excellent employees become stressed, demotivated and ultimately disengaged because they were expected to manage people without being given the tools to do so. Effective management development does not need to cost a fortune, but it does need to be planned, structured and supported. When businesses invest in their managers, everybody benefits – the individual, the team and the organisation as a whole.”
Management Development Is an Investment
Businesses often measure the cost of management training.
Few measure the cost of poor management.
The impact of ineffective management can include:
• Employee turnover
• Reduced productivity
• Increased absence
• Workplace disputes
• Customer dissatisfaction
• Management burnout
The question business owners should ask is not whether they can afford to develop managers, but whether they can afford not to.
How Consensus HR Can Help
Consensus HR provides practical management development, leadership training, HR support and Employment Law guidance to help managers and businesses succeed.
Whether you need support for a newly promoted manager or an experienced leadership team, we can help.
By Matthew Chilcott – Owner, Consensus HR FCIPD, ACEL, BA (Hons)
One of the most common comments I hear from employers is:
“We were surprised they resigned. We thought they were happy.”
The reality is that employees rarely make the decision to leave overnight. More often, the decision develops over weeks or months as frustrations, concerns or unmet expectations gradually build.
Many employers automatically assume that employees leave for more money. Whilst salary can play a part, it is often only one piece of a much bigger picture.
Understanding why good employees leave can help businesses improve retention, engagement and overall performance.
It Is Not Always About Money
Research consistently shows that employees often leave organisations for reasons that extend beyond salary.
Common reasons include:
• Lack of career development
• Feeling undervalued
• Poor communication
• Lack of recognition
• Inconsistent management
• Limited training opportunities
• Poor workplace culture
• Work-life balance concerns
• Lack of support
Many of these issues can be addressed before an employee starts looking elsewhere.
The Cost of Losing Good Employees
When an experienced employee leaves, the impact can be significant.
Businesses may face:
✔ Recruitment costs
✔ Training and onboarding costs
✔ Loss of knowledge and experience
✔ Reduced productivity
✔ Increased workload for remaining employees
✔ Potential impact on customer service
Replacing an employee is often far more expensive than retaining one.
Retention Starts Earlier Than Most Employers Think
Many businesses focus on retention once an employee starts talking about leaving.
However, retention begins from day one.
The employee lifecycle should include:
• Effective recruitment
• Structured onboarding
• Clear expectations
• Regular feedback
• Development opportunities
• Recognition
• Strong management support
When employees feel valued and understand how they contribute to the business, they are more likely to remain engaged.
Listening Matters
Employees want to know that their views matter.
Regular one-to-one meetings, staff surveys, team discussions and performance reviews can all help employers understand what is working well and where improvements may be needed.
The organisations that listen to their employees often identify issues before they become reasons for resignation.
Comment from Matthew Chilcott – Owner
“Throughout my career I have found that employees rarely wake up one morning and suddenly decide to leave. In most cases, the decision has been developing for some time. Employers who understand why people stay are often more successful than those who simply focus on why people leave. Creating an environment where employees feel valued, supported and developed remains one of the most effective retention strategies available.”
How Consensus HR Can Help
Consensus HR helps businesses improve employee engagement, management effectiveness and retention through practical HR support and proactive people management solutions.
If you would like support reviewing your employee lifecycle and retention strategy, please contact us.
Most employers can identify at least one situation where an employee’s performance, conduct or attendance has become a challenge.
What many businesses fail to recognise is the true cost of delaying action.
Poor performance rarely affects only one individual. It can impact:
Team morale.
Customer service.
Productivity.
Management time.
Workplace culture.
Business profitability.
Managers often avoid difficult conversations because they are worried about saying the wrong thing or creating conflict. Unfortunately, delaying action can make the situation much harder to resolve.
The most successful businesses address concerns early, communicate expectations clearly and provide appropriate support whilst maintaining accountability.
However, knowing where to start can be difficult.
Questions employers frequently ask include:
When should performance concerns be formally addressed?
What records should be kept?
How much support should be provided?
What happens if performance does not improve?
What legal risks should employers consider?
The answers will depend on the individual circumstances, but one thing remains clear: doing nothing is rarely the best option.
Comment from Matthew Chilcott – Owner, Consensus HR
“Good performance management is not about catching people out. It is about setting clear expectations, supporting employees and addressing concerns fairly and consistently. In my experience, businesses that tackle issues early achieve better outcomes for everyone involved.
Effective performance management should never be a once-a-year exercise. It is about ensuring regular, constructive feedback takes place throughout the year, whether through ongoing one-to-one meetings or structured Performance Reviews conducted at least twice a year. Employees should understand what is expected of them, receive clear SMART objectives, and be given honest, constructive feedback that helps them develop and succeed.
Open and honest conversations are not always easy, particularly when difficult messages need to be delivered. However, having the confidence and ability to hold these discussions professionally and fairly is one of the essential skills required to be a successful manager. Businesses that invest time in developing their managers and addressing concerns early are often the businesses that achieve stronger performance, greater employee engagement and better long-term results.”
Consensus HR works with employers to develop practical performance management processes, train managers and ensure that issues are handled fairly and professionally.
If you are experiencing performance concerns within your business, contact Consensus HR for confidential advice.
Helping companies take the pain out of managing people.
Matthew Chilcott FCIPD, ACEL, BA (Hons) Owner – Consensus HR
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Communication remains one of the most important aspects of successful people management.
Whilst many employers focus on policies, procedures and systems, poor communication continues to be a major cause of workplace conflict, grievances and employee disengagement.
Why Communication Matters
Employees need clarity regarding:
Their role.
Business expectations.
Performance standards.
Organisational changes.
Company objectives.
When communication is unclear, misunderstandings can quickly develop.
Common Communication Problems
Businesses often experience issues when:
Managers avoid difficult conversations.
Feedback is inconsistent.
Changes are poorly communicated.
Expectations are unclear.
Employees feel they are not being listened to.
These issues can impact productivity, morale and employee retention.
The Business Impact
Poor communication can contribute to:
Increased absence levels.
Employee turnover.
Reduced engagement.
Workplace conflict.
Formal grievances.
Customer service issues.
In many cases, problems that eventually become HR issues could have been prevented through earlier communication.
Building a Strong Communication Culture
Successful organisations encourage:
Regular One-to-Ones
Employees benefit from consistent opportunities to discuss concerns and progress.
Constructive Feedback
Feedback should be timely, clear and balanced.
Active Listening
Managers should listen to understand rather than simply respond.
Transparency
Where possible, employees should understand why decisions are being made.
Manager Development
Communication skills should form part of leadership development programmes.
Comment from Matthew Chilcott – Owner, Consensus HR
“Throughout my HR career, I have often found that many workplace issues stem from poor communication rather than poor capability. Most employees simply want clarity, honesty, consistency, and to understand what is expected of them. Managers who communicate effectively build stronger relationships, improve performance, increase engagement, and create more positive workplace cultures.
One piece of advice I have always given to my clients, and one that I followed when managing managers and teams myself, is not to hold meetings simply for the sake of having meetings. Every meeting should have a clear purpose, a structured agenda, and defined outcomes. Employees attending should understand what is going to be discussed, why their contribution is important, and how they can add value to the conversation. Equally, if employees believe a process or communication method could be improved, they should feel comfortable raising this. However, changes should only be implemented where they genuinely improve the effectiveness of the business and its people, not simply for the sake of change.
Effective communication is also about understanding the individual. Not everyone receives information in the same way. Some employees respond best to face-to-face conversations or one-to-one meetings, whilst others prefer email, telephone discussions, team briefings, or digital communication tools. Good managers take the time to understand how their team members communicate most effectively and, where practical, adapt their approach accordingly.
That said, businesses must strike the right balance. Whilst it is important to support employees and encourage open communication, employers also have a business to run. Communication should be purposeful, timely, and focused on achieving positive outcomes for both the employee and the organisation. In my experience, organisations that get this balance right tend to have stronger employee engagement, fewer people issues, and a more productive workplace culture. As I often say, communication is not just about talking — it is about ensuring the right message is delivered, understood, and acted upon.”
How Consensus HR Can Help
Consensus HR provides support with:
Leadership development.
Line management training.
Employee engagement.
Performance management.
Difficult conversations.
Conflict resolution.
Strong communication is often the difference between a reactive business and a proactive one.
To learn more about how Consensus HR can support your organisation, visit www.consensushr.com.
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For further information on any of the HR subjects we provide, please click the heading below:
Many business owners are aware that significant employment law reforms are on the horizon, but fewer appreciate how much preparation may be required before the expected implementation date in January 2027.
The Government’s Employment Rights reforms are expected to change several areas of employment law, including the qualifying period for unfair dismissal protection and how employers manage probationary periods.
Although final legislation and guidance are still being developed, employers should begin reviewing their current processes now rather than waiting until the last minute.
Why This Matters
Many organisations currently rely on the existing qualifying service period when managing performance, attendance, conduct, and capability issues during the early stages of employment.
Future reforms are expected to reduce the length of service required before employees gain protection from unfair dismissal.
This means employers will need to place even greater emphasis on:
Effective recruitment processes.
Robust induction programmes.
Structured probationary periods.
Regular documented reviews.
Early intervention when concerns arise.
The Importance of Probationary Periods
A probation period should never be viewed as a simple administrative exercise.
A well-managed probation period allows employers to:
Assess performance.
Review conduct and attendance.
Identify training needs.
Provide support and feedback.
Make informed decisions regarding continued employment.
Employers who fail to document probation reviews often find themselves with little evidence when concerns later arise.
What Businesses Should Be Doing Now
We recommend employers begin preparing by:
Reviewing Contracts of Employment
Ensure probation clauses are clearly drafted and legally compliant.
Reviewing Probation Procedures
Introduce formal review meetings throughout the probation period.
Training Managers
Managers should understand how to provide constructive feedback, document discussions, and address concerns fairly.
Improving Documentation
Maintain clear records of performance reviews, objectives, training provided, and support offered.
Updating Employee Handbooks
Policies should reflect current best practice and be reviewed regularly.
Comment from Matthew Chilcott – Owner, Consensus HR
“Many employers still underestimate just how important probationary periods are. Throughout my HR career, including senior roles with organisations such as Forte Hotels, Welcome Break and Veolia Water, as well as supporting hundreds of SMEs through Consensus HR, I have seen first-hand how a structured probationary process helps businesses recruit successfully whilst significantly reducing future employment risks. Good people management starts on day one of employment, not when problems arise.
This is just one of the many employment law changes that businesses are currently facing, with further significant reforms expected over the coming years. It is therefore essential that employers not only maintain up-to-date contracts, policies, procedures and employee handbooks, but also ensure that managers and employees are applying current employment law requirements and HR best practice in their day-to-day working environment.
In my experience, many business owners do not yet fully appreciate the practical implications of the proposed changes to unfair dismissal rights and probationary periods. Employers need to start preparing now. Whilst the final legislation and guidance continue to develop, the direction of travel is clear: employers will need to demonstrate effective recruitment, onboarding, training, communication, performance management and probationary review processes from the outset of employment.
This is one of the reasons why, many years ago, I developed a comprehensive three-month probationary workbook and review process. The purpose was simple – to provide managers with a structured framework to support, develop and assess new employees whilst ensuring that probationary periods are managed fairly, consistently and effectively. Although this approach may require a little more time and effort from managers, it provides significant benefits for both the employee and the business.
With employees expected to gain unfair dismissal protection after six months’ service from January 2027, employers should be reviewing their probationary arrangements now rather than waiting until the legislation comes into force. Businesses that take a proactive approach today will place themselves in a far stronger position tomorrow. As I often say, prevention is always better than cure when it comes to managing people, and a well-managed probationary period remains one of the most valuable tools available to any employer.”
How Consensus HR Can Help
Consensus HR supports businesses with:
Employment contracts.
Probation management systems.
Manager training.
Employee handbooks.
Performance management processes.
Ongoing HR and Employment Law support.
By acting now, employers can place themselves in a much stronger position ahead of the anticipated 2027 employment law changes.
Matthew Chilcott, Founder of Consensus HR, Receives Inspirational Leader Award 2026
Matthew Chilcott FCIPD, ACEL, Founder and Owner of Consensus HR, has been honoured with the Inspirational Leader Award 2026, recognising his outstanding leadership, commitment to excellence, and long-standing contribution to the HR and Employment Law sector.
With over 16 years of experience as a business owner, Matthew has grown Consensus HR into an award-winning HR and Employment Law consultancy supporting small and medium-sized enterprises across Hertfordshire, Bedfordshire, and beyond. The business is widely recognised for delivering practical, commercially focused HR solutions that help organisations remain compliant while building positive workplace cultures.
Commenting on the achievement, Matthew Chilcott said:
“I am absolutely delighted and truly honoured to receive the Inspirational Leader Award 2026. Building Consensus HR has always been about providing businesses with clear, practical, and dependable HR and Employment Law support that genuinely makes a difference. To have this recognised in such a meaningful way is incredibly rewarding.”
He added:
“This award sits proudly alongside the other industry awards Consensus HR has received over the years, which reflect the consistent hard work, professionalism, and high standards we strive to deliver for our clients every day. These achievements are a testament to the trust our clients place in us and the strong partnerships we have built across the region.”
Matthew is a Chartered Fellow of the Chartered Institute of Personnel and Development (FCIPD), the highest level of CIPD membership, and holds an Advanced Certificate in Employment Law (ACEL). His professional expertise, combined with a people-first leadership approach, has positioned Consensus HR as a trusted partner for businesses seeking proactive and compliant HR support.
The Inspirational Leader Award 2026 further strengthens Consensus HR’s growing list of industry recognitions and highlights Matthew’s continued impact within the HR community.
For more information about Consensus HR and its services, visit: www.consensushr.com
Your Outsourced Human Resources (HR) Department.
For further information on any of the HR subjects we provide, please click the heading below:
Employment Rights Act Compliance: Common Risks for UK Businesses
Despite the Employment Rights Act being long-established legislation, many employers still face issues due to non-compliance or outdated practices.
Small and growing businesses are particularly at risk if HR processes are not regularly reviewed.
Common Compliance Issues
Outdated or Missing Contracts Failure to issue correct written statements can lead to legal penalties and disputes.
Poor Dismissal Procedures Not following fair disciplinary or capability processes is one of the most common causes of tribunal claims.
Incorrect Redundancy Handling Lack of consultation or incorrect redundancy payments can result in claims for unfair dismissal.
Unlawful Pay Deductions Deductions made without contractual authority or consent can breach employee rights.
Inconsistent HR Practices Treating employees differently without justification can lead to discrimination or unfair treatment claims.
How Employers Can Protect Their Business
To remain compliant with the Employment Rights Act, employers should:
Regularly review contracts and policies
Follow fair and documented procedures
Keep accurate HR records
Stay updated with legislative changes
Seek professional HR guidance when needed
Comment from Matthew Chilcott, Owner – Consensus HR
“Many employment issues arise not from intention, but from a lack of up-to-date processes and understanding of legal obligations. Regular HR reviews and clear procedures are key to preventing problems before they escalate.”
Your Outsourced Human Resources (HR) Department.
For further information on any of the HR subjects we provide, please click the heading below:
Employment Law Risks in 2026: What Employers Should Be Reviewing Now
UK employment law continues to evolve, and 2026 presents ongoing challenges for employers managing compliance, workforce expectations, and legal risk.
Rising Legal Expectations on Employers
Tribunal claims, employee awareness of rights, and regulatory scrutiny remain high. Common risk areas include:
Contracts and employee handbooks not reflecting current law
Poor handling of sickness absence and mental health matters
Failure to make reasonable adjustments
Weak disciplinary and grievance procedures
Informal or inconsistent management practices
Employees increasingly understand their rights, and mistakes — even unintentional — can lead to formal complaints or legal action.
Key Areas Employers Should Review
To reduce legal exposure, businesses should ensure they have:
Up-to-date employment contracts and HR policies
Clear disciplinary, grievance, and performance procedures
Fair and lawful sickness absence management processes
Legally compliant redundancy and restructuring frameworks
Robust onboarding and probation systems
Manager training on employment law and people management
The Cost of Getting It Wrong
Employment disputes can lead to financial penalties, legal fees, management disruption, and reputational harm. Proactive HR support helps prevent issues before they escalate, saving time, cost, and stress.
Comment from Matthew Chilcott, Owner – Consensus HR:
“Employment law continues to evolve, and many claims arise simply because policies, contracts, or management practices have not kept pace with change. Regular reviews, manager training, and proactive HR support are essential. Taking action early is always more effective — and far less costly — than responding once an issue has escalated.”
Conclusion
Employers that take a proactive approach to HR and employment law place themselves in a stronger position to manage people effectively and avoid legal risk. Regular policy reviews, manager training, and professional HR support are essential to maintaining compliance in 2026.
Consensus HR provides practical, legally compliant HR and employment law support to help businesses stay protected and confident in their people management decisions.
Your Outsourced Human Resources (HR) Department.
For further information on any of the HR subjects we provide, please click the heading below:
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Comment from Matthew Chilcott – Owner, Consensus HR
“The arrival of the Fair Work Agency is another significant change for UK employers and reinforces something we have always encouraged our clients to do – manage HR proactively rather than waiting for a problem.
An employer may believe everything is fine because nobody has complained, but an inspection does not necessarily need to follow a complaint.
If somebody arrived at your business and asked to see your employment documentation, contracts and relevant records, how quickly could you produce them and how confident would you be that everything was legally compliant and up to date?
That is the question I would encourage every SME owner and manager to ask.
Good HR is not about producing paperwork for the sake of paperwork. It is about having clear, commercial and compliant people-management processes that you can demonstrate when required.”
Matthew Chilcott – Owner, FCIPD, ACEL, BA (Hons)