Employment Law, HR and Health & Safety Help

A Buyers Guide

Businesses of all sizes face a huge and growing burden in managing work place laws and regulations – from employment law issues to employment relations to health and safety compliance.

The difficulties of regulatory compliance and the financial uncertainty of high legal fees and compensation have created a new market regulatory services that challenges the traditional “pay as you go” solicitor’s model.

The concept is simple – a single fixed annual fee buys you unlimited advice and assistance; contracts of employment, policies and documents that are updated as necessary; plain English legal updates; training; representation at the Employment Tribunal; and legal expenses insurance that pays compensation awarded against the company plus health & safety defence costs if things go pear shaped.

One might have expected solicitors to capitalise on this trend – they have not. The most successful business model in this sector comes from entrepreneurial teams that combine employment law skills, personnel and health and safety professionals with legal expenses insurance. These businesses are known as “regulatory consultancies”. The market is already worth about £350 million and growing at about 20% per annum.

For businesses the great attraction of the regulatory consultancy is clear. It is a fraction of the cost of employing additional legal or health and safety professionals on site and with the long stop of legal expenses insurance it has the added benefit of security and certainty of cost.

Can the regulatory consultancy model really deliver the high quality and responsive service that you need? The answer is a cautious “yes” – but be careful!

Client feedback suggests that the best regulatory consultants offer super service at great value. However, as ever, it is important to sound a note of caution.

The Law Society does not regulate this market and there are, of course, some cowboys out there. If you are considering a regulatory consultancy, follow these simple rules:

• Seek written confirmation that all employment law advisers are either qualified solicitors or otherwise qualified by legal examination.


• Seek written confirmation that the fee includes unlimited advice and assistance (including drafting), tribunal representation and insurance to pay compensation awarded against you.


• Seek written confirmation that the business is regulated by the Financial Services Authority.


• Seek written confirmation that an independent legal expenses insurance policy will be purchased in your company name and ask for a copy of it (beware those that promise only a “guarantee”).


• Carefully check the monetary limits that the insurance policy imposes?


• Check that all the health and safety consultants are qualified by examination? Ask what qualification each has.


• Check that the contract does not demand a lengthy notice period to cancel at the end of the fixed term, for example 6 months? What happens if you don’t give sufficient notice that you want to cancel? Some providers "hide" a clause in the small print that says that if you fail to give a certain amount of notice to terminate at the end of the fixed term the contract is deemed to automatically renew!


• Check that all documentation provided will be tailor made, specifically for your business.


• Ask for at least 3 client names and take up written references? Carefully check that the service delivered is as good as the sales pitch.


• Be realistic. If you are promised a great service at a bargain basement price you will be disappointed. Pay peanuts, get monkeys!

The best regulatory consultancies are now challenging some of the UK’s best firms of solicitors for employment law and HR support work from some of the UK’s leading employers. That can only be a good thing!

Office Control works closely with leading regulatory consultancy Ellis Whittam to offer its clients fixed fee employment law and health & safety support services. If you would like more information about Ellis Whittam please email markellis@elliswhittam.com.