Most small business owners handle day-to-day people matters themselves, and that is often fine. But some situations carry real legal and financial risk. A disciplinary handled badly, a grievance ignored, a dismissal without a fair process or a redundancy without proper consultation can all end up at an employment tribunal.
Knowing when to get professional HR advice for your small business protects you, treats your employees fairly and saves time and stress. This guide covers the four situations where expert advice matters most: disciplinaries, grievances, dismissals and redundancy. It also explains the employment law changes small employers need to know about in 2026 and 2027.
Key takeaways
- Get HR advice before you act, not after a problem has escalated.
- The Acas Code of Practice sets the minimum standard for disciplinary and grievance cases.
- A tribunal can increase an award by up to 25% if an employer unreasonably fails to follow the Acas Code.
- The qualifying period for unfair dismissal claims is due to fall from 2 years to 6 months in January 2027.
- Since 1 October 2026, employees have 6 months, rather than 3, to bring most tribunal claims.
Why does HR advice matter for small businesses?
Many small businesses do not have an HR specialist in-house, yet they face the same employment laws as large employers. Professional HR advice helps you follow a fair, lawful process, document decisions properly and avoid costly mistakes. It is most valuable before you act, when there is still time to choose the right approach.
The procedure you follow matters. Acas states that the procedure an employer follows will be taken into account if a case reaches an employment tribunal. Under section 207A of the Trade Union and Labour Relations (Consolidation) Act 1992, a tribunal can increase an award by up to 25% where an employer has unreasonably failed to follow the Acas Code.
1. Disciplinaries: when should you get advice?
Get advice as soon as you think a conduct or performance issue may lead to formal action. Acas describes its Code of Practice as the minimum an employer should follow when handling disciplinary issues. An adviser helps you investigate properly, set out the allegations, hold a fair hearing, offer the right to be accompanied and decide on a proportionate outcome.
Take advice especially when:
- the allegation is serious and could amount to gross misconduct
- the employee is off sick, pregnant, or has raised concerns of their own
- you are not sure your disciplinary policy is up to date
- the hearing needs to take place remotely (see our guide to holding disciplinary procedures remotely)
2. Grievances: when should you get advice?
Get advice when an employee raises a formal complaint, particularly if it involves bullying, harassment, discrimination or a manager's conduct. A grievance needs to be investigated and answered fairly and promptly. Handling it badly can damage trust, lead to resignations and form part of a later tribunal claim.
Acas publishes step-by-step guidance on the formal grievance procedure. An HR adviser can help you apply it to your situation, appoint the right person to investigate and keep accurate records. Where a relationship has broken down, workplace mediation can help resolve the issue before it escalates.
3. Dismissals: when should you get advice?
Get advice before you dismiss anyone, for any reason. Dismissal is where small employers face the greatest risk, and the rules are changing.
Current rules: according to Acas, an employee generally needs at least 2 years' service to claim unfair dismissal. However, no minimum service is needed to claim automatically unfair dismissal, for reasons such as pregnancy, whistleblowing or trade union membership, or to bring a discrimination claim.
What is changing: Acas says protection from unfair dismissal will become a right after 6 months in a job, with the change due in January 2027. The government's timeline lists the 6-month qualifying period for dismissals from 1 January 2027, alongside uncapping compensatory awards. The government notes that future dates remain subject to parliamentary processes and may change.
For small businesses, this means probation periods, performance management and record-keeping in the first months of employment will matter far more than before.
4. Redundancy: when should you get advice?
Get advice as soon as you are considering redundancies, before any decisions are made or announced. Redundancy has strict rules on selection, consultation and notice, and mistakes can make a dismissal unfair.
According to GOV.UK:
| Proposed redundancies (at one establishment, within 90 days) | Minimum consultation before dismissal |
|---|---|
| Fewer than 20 | No set rules, but you should still consult fully |
| 20 to 99 | 30 days |
| 100 or more | 45 days |
GOV.UK warns that a tribunal could find dismissals unfair if you do not consult, even where fewer than 20 redundancies are planned. The government's timeline also shows that the maximum protective award for failing to consult collectively was doubled from 6 April 2026, and that changes to the collective redundancy consultation threshold are expected in 2027.
Our article on why to use Prime HR Partners to deal with your redundancy explains how we support you through the process.
Other times to get HR advice
- Long-term sickness absence or repeated short-term absence
- Requests for reasonable adjustments
- Changing employees' terms and conditions
- TUPE transfers and restructuring
- Settlement agreements
- Updating contracts, handbooks and policies to reflect new law
What changed in employment law in 2026?
Several Employment Rights Act 2025 measures are already in force, according to the government's timeline:
- 6 April 2026: Statutory Sick Pay waiting period and Lower Earnings Limit removed; day-one Paternity Leave and Unpaid Parental Leave; maximum protective award doubled.
- 7 April 2026: the Fair Work Agency took effect.
- 1 October 2026: the time limit for most employment tribunal claims extended from 3 to 6 months.
Further trade union measures apply from 30 October 2026, and more changes are planned for January 2027 and later in 2027. With longer claim time limits and shorter qualifying periods coming, a fair process and good records are more important than ever.
How Prime HR Partners helps
Our HR Advisory Service gives you qualified HR advice across the whole employee lifecycle, including:
- employment law advice
- HR documents written for you
- conflict resolution and workplace mediation
- support with disciplinaries, grievances, dismissals and redundancy
- HR projects such as TUPE, redundancy and restructuring
All our specialists are practising HR professionals with a minimum of Associate level membership of the CIPD, and we are backed by a firm of London employment lawyers for complex cases. For ongoing support, our Small Business HR Services and HR Outsourcing give you continuous access to expert advice.
Frequently asked questions
When should a small business get HR advice?
Get HR advice before taking formal action on any people issue that could lead to a dispute: disciplinaries, grievances, dismissals, redundancies, long-term absence and changes to contracts. Early advice helps you choose the right approach, follow a fair process and keep proper records, which reduces the risk of a tribunal claim.
Do I have to follow the Acas Code of Practice?
The Acas Code of Practice on disciplinary and grievance procedures is the minimum an employer should follow. If a case reaches an employment tribunal, the procedure you followed will be taken into account, and the tribunal can increase an award by up to 25% if an employer has unreasonably failed to follow it.
How long does an employee need to work for me to claim unfair dismissal?
Currently, generally 2 years. Acas says this is due to fall to 6 months in January 2027. No minimum service is needed for automatically unfair dismissal, such as dismissal because of pregnancy or whistleblowing, or for discrimination claims. Always take advice before dismissing anyone.
Do I need to consult before making one person redundant?
Yes, you should. GOV.UK says there are no set rules where fewer than 20 redundancies are planned, but you should still consult fully with the employees affected, and a tribunal could find a dismissal unfair if you do not.
How long do employees have to bring a tribunal claim?
Since 1 October 2026, the time limit for most employment tribunal claims is 6 months, up from 3 months, according to the government's Employment Rights Act timeline. This means potential claims stay open for longer, so keeping clear records of decisions and processes is essential.
Get expert HR advice before you act
If you are facing a disciplinary, grievance, dismissal or redundancy, talk to us first. Prime HR Partners will help you follow a fair process and protect your business.
Contact our team for a no-obligation chat, call +44 (0)7721 437537 or email caroline@primehrpartners.com. All queries are replied to within 24 hours.