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HR & Law, Should they be combined?

Simon Connors

I have been in HR now for a number of years (15+) and over this time I have noticed the need for HR professionals to be more aware and knowledgable of the legal side of things. Not just the normal basics such as the equality act and working time directives, but more important things like contract law and case law. 

Given this new side to HR I am thinking it might be beneficial rather than just do the normal law updates we attend a few times a year, but also doing a part-time law degree. I feel it will make me a better HR professional and of course more employable in the future. But I would like to know what other peoples experiences and advise would be on this as I know its an extra cost to the layout but feel it's going to be worthwhile in the long run.

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  • I don't agree that the need for legal knowledge is in any way "new" Simon: More "newly recognised" in my opinion. :-)

    The fundamental difference between law as practiced by Solicitors and in Courts (or ET's) and "day-to-day" in an HR context is that law in Court has the sole objective of "winning" the argument (or minimising the damage to the loser, if one's client), whereas in (well practiced) HR the objective is to "resolve" problems and disputes, with outcomes acceptable (and preferably comfortable) to both sides.

    The solicitor fights for their client, regardless of the cost to the other party(ies) involved and walks away satisfied; the HR professional hopes to leave both parties able to lick their wounds (if any), take a deep breath, and work together effectively and more efficiently the following day.

    The law is the skeleton: Rigid, inflexible, but supportive and defensive. It is the powerful muscles of good HR and people-management policy that make it work, facilitated by the flexible tendons of well-practiced procedures. That is how law is applied to HR; not locked into inflexible postures of aggressive defiance, one side against the other, but as does the rigid skeleton in your hand: Able to push or strike "in extremis", but also to guide, soothe and caress.

    By learning enough of the "envelope" of law within which we function to clearly understand where our limits and obligations to our roles, people and functions lie (including issues such as Contract and H&S) we enable flexibility within that framework, but still enable our practice to interface seamlessly with the far more confrontationally demanding scenario of ET or Courtroom. (...and to work cooperatively and effectively with our legal colleagues on the route there, when necessary). So, as in so many things within HR: Choose whichever facilitates your position and practice: The broad-spectrum of a general LLB or Masters, or one of the more employment-focussed options suggested by Colleagues above as suits your needs best. What is certain, in today's business world, is that there is a need for clear and comprehensive knowledge of the laws governing our practice which we can no longer ignore, as we once might have done.

    P

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  • I don't agree that the need for legal knowledge is in any way "new" Simon: More "newly recognised" in my opinion. :-)

    The fundamental difference between law as practiced by Solicitors and in Courts (or ET's) and "day-to-day" in an HR context is that law in Court has the sole objective of "winning" the argument (or minimising the damage to the loser, if one's client), whereas in (well practiced) HR the objective is to "resolve" problems and disputes, with outcomes acceptable (and preferably comfortable) to both sides.

    The solicitor fights for their client, regardless of the cost to the other party(ies) involved and walks away satisfied; the HR professional hopes to leave both parties able to lick their wounds (if any), take a deep breath, and work together effectively and more efficiently the following day.

    The law is the skeleton: Rigid, inflexible, but supportive and defensive. It is the powerful muscles of good HR and people-management policy that make it work, facilitated by the flexible tendons of well-practiced procedures. That is how law is applied to HR; not locked into inflexible postures of aggressive defiance, one side against the other, but as does the rigid skeleton in your hand: Able to push or strike "in extremis", but also to guide, soothe and caress.

    By learning enough of the "envelope" of law within which we function to clearly understand where our limits and obligations to our roles, people and functions lie (including issues such as Contract and H&S) we enable flexibility within that framework, but still enable our practice to interface seamlessly with the far more confrontationally demanding scenario of ET or Courtroom. (...and to work cooperatively and effectively with our legal colleagues on the route there, when necessary). So, as in so many things within HR: Choose whichever facilitates your position and practice: The broad-spectrum of a general LLB or Masters, or one of the more employment-focussed options suggested by Colleagues above as suits your needs best. What is certain, in today's business world, is that there is a need for clear and comprehensive knowledge of the laws governing our practice which we can no longer ignore, as we once might have done.

    P

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