3 common workplace issues that can lead to legal trouble

Insights from an HR consultant in Ipswich on what to catch early and how to handle it right

After years of helping businesses navigate these situations, I've noticed patterns in the problems that could have been prevented with the right approach from the start.

Here are three situations that deserve your immediate attention, along with practical steps to handle them properly.

Performance issues that keep getting put off

Picture this scenario: you've got someone whose work consistently needs redoing. Tasks that should take a day are stretching into three, and you've had several informal chats hoping things will improve naturally.

Sound familiar? It's one of the most common situations I encounter when businesses first reach out for support.

Why this creates problems later:

While you're being patient and giving someone time to turn things around, employment law is working against you. Without documented conversations or clear expectations on record, it appears you were satisfied with their performance level.

If you eventually need to take formal action, demonstrating that you followed a fair process becomes much more difficult. Employment tribunals focus heavily on whether proper procedures were followed, not just on your good intentions.

A more effective approach:

Start keeping straightforward notes about your concerns—nothing complicated, just dates and what was discussed. Be specific about what needs to improve and set realistic timescales for seeing progress.

Most importantly, schedule regular check-ins rather than hoping things will sort themselves out. This gives the person the best chance to succeed while protecting your business if further action becomes necessary.

This isn't about being harsh—it's about being clear and fair to everyone involved.

Casual complaints that aren't handled properly

Someone mentions that a colleague's behaviour is making them uncomfortable. Another team member quietly asks if you can help with inappropriate comments from a coworker.

You have a brief word with the person involved, they seem to understand, and you assume the issue is resolved.

Why this approach can backfire:

If the behaviour continues or someone makes a formal complaint later, you'll be asked what steps you took when concerns were first raised. A quick informal chat might not demonstrate that you took the issue seriously or followed appropriate procedures.

This is particularly important with harassment or discrimination complaints, where failing to act properly can leave your business legally vulnerable.

A better way to handle this:

Keep a brief record of any concerns raised, even seemingly minor ones. Have a proper conversation with the person involved—not just a passing comment—and make a note of what was discussed and agreed.

Follow up with whoever raised the concern to check whether the situation has improved. This shows you're taking their wellbeing seriously and creates a clear record of appropriate action.

Taking workplace behaviour concerns seriously from the beginning protects everyone and often prevents situations from escalating.

Mishandling requests for flexible working

The rules around flexible working and parental leave have become significantly more employee-friendly in recent years, and many business owners aren't fully aware of the changes.

Someone returning from maternity leave mentions they'd prefer to work school hours. Another employee casually says they'd rather avoid late shifts due to childcare arrangements.

These might sound like casual conversations, but they're actually formal requests that trigger specific legal obligations—regardless of how informally they're raised.

Why this matters more than you think:

Mishandling flexible working requests or family leave entitlements can lead to discrimination claims that are expensive to defend, even when your intentions were good. The law doesn't require employees to use formal language or submit written requests for their rights to apply.

When working with HR consultancy services in Ipswich, this is one of the areas where I see businesses getting caught off guard most frequently.

How to handle these situations properly:

Get familiar with current flexible working and family leave rules—they've changed significantly in recent years. Treat every request seriously, even if it comes up during casual conversation.

Take time to consider your response rather than giving immediate answers. When you're unsure about your obligations or what's reasonable to agree to, get advice before making decisions.

Document the request and your response, even for informal conversations. This protects both you and your employee if questions arise later.

Getting ahead of problems instead of reacting to them

None of this means you need to make every workplace conversation formal or start treating your team like potential legal risks.

The goal is recognising which situations need more thoughtful handling and taking appropriate steps early on.

Key situations that deserve extra attention:

• Performance issues that have been ongoing without clear documentation

• Any complaints about behaviour, harassment, or discrimination

• Requests related to working arrangements, especially from parents or carers

• Situations where you're uncertain about your legal obligations

Practical steps that make a real difference:

Keep simple notes of important conversations. Be clear about expectations and timescales. Follow up on concerns to ensure they've been resolved. Get advice when you're uncertain rather than hoping for the best.

These aren't complicated changes, but they can save you significant time, stress, and money down the line.

Building stronger foundations for your business

Getting early advice is always more cost-effective than dealing with problems after they've escalated. You don't need to become an employment law expert, but knowing when to seek help can protect your business and give you peace of mind.

The businesses that handle workplace challenges most successfully aren't necessarily the ones with the most policies or procedures—they're the ones that recognise when a situation needs more careful handling and take appropriate action early.

Creating clarity and direction:

Most of these issues can be prevented by establishing clear processes for handling common situations, training your managers to recognise when extra care is needed, and knowing where to get support when you're uncertain.

The key is taking practical steps now that prevent bigger problems later, while maintaining the positive workplace culture that makes your business successful.

As an outsourced HR consultant in Ipswich, I work with business owners who want to handle these situations properly from the start. Often, a straightforward conversation can clarify your obligations and give you confidence in how to move forward.

The most successful businesses aren't the ones that never face challenges—they're the ones that handle challenges well when they arise.

If you're dealing with any of these situations right now, or want to make sure you're prepared when they come up, let's have a practical conversation about your specific circumstances. Sometimes just talking through your approach with someone experienced can give you the clarity and confidence you need.

Let's discuss how to build stronger foundations that protect both your business and your team.