Terms and conditions for an HR consultant

An HR consultant advises employers who do not always follow the advice, and is blamed when a tribunal claim follows. The terms have to separate advice from decisions, define the consultant's role in investigations and hearings, keep pace with employment law that is changing, and handle employee data properly. I draft those terms for a fixed fee of £995, delivered in five working days.

Who this is for

HR consultants, outsourced HR services and people advisers in England and Wales supporting small and medium employers on retainers, projects and individual cases, as a sole practitioner or a small firm. These are business-client terms.

What matters in HR consultancy terms

Advice, decisions and outcomes

The terms should say that the consultant advises with reasonable skill and care on the information the client provides, that decisions to hire, discipline, dismiss or restructure are the client's, that no outcome before a tribunal or in a negotiation is guaranteed, and that advice not followed is the client's risk. A file note recording the advice and the client's decision is worth more than any clause, and the terms should say that advice is confirmed in writing.

Investigations, hearings and the consultant's role

Where the consultant acts as investigator, chairs a hearing or supports a manager, the terms should define the role, the client's procedures the consultant follows, and that the consultant applies the ACAS Code of Practice on disciplinary and grievance procedures, which a tribunal must take into account and can uplift an award by up to 25 per cent for ignoring under section 207A of the Trade Union and Labour Relations (Consolidation) Act 1992, and the client's own policies without becoming the decision maker unless expressly appointed as one. Attendance at tribunal proceedings is outside the service unless agreed.

Documents, policies and changing law

Contracts, handbooks and policies drafted for the client are prepared on the client's instructions and the law as it stands, and the terms should say that employment law is changing, including under the Employment Rights Act 2025 as it is phased in, that documents need review when the law or the business changes, and that a review is a separate service. Under the Copyright, Designs and Patents Act 1988 the consultant's templates remain its own, with the client owning the documents delivered on payment.

Employee data and confidentiality

The consultant sees personnel files, medical information and grievances. The terms should record that the consultant processes employee data as a processor under the UK GDPR and the Data Protection Act 2018 on the client's instructions, with the mandatory processor provisions and special care for health and other sensitive information, and that everything seen is confidential. Where the consultant is a controller in its own right, for example for its own records, the terms should say so.

Retainers, fees, liability and exit

Retainers are invoiced monthly in advance with a defined scope, and project and casework at stated rates, with interest and fixed compensation on late payment under the Late Payment of Commercial Debts (Interest) Act 1998. Liability should be capped at a figure matching the consultant's professional indemnity insurance, with consequential loss and tribunal awards excluded, tested for reasonableness under the Unfair Contract Terms Act 1977. On exit, case files are handed over and the consultant retains what it needs to evidence its advice.

What it costs

Customer or supplier terms and conditions, £995. One set of terms, customer-facing or supplier-facing, drafted for your business. Five working days.

Review of your existing terms, £495. You already have terms and want them checked and brought up to date. Returned marked up with my amendments and an explanation of the changes. Three working days.

Buying online forms the engagement on payment. The scope is what the terms and conditions drafting page describes, you accept the Terms of Service at checkout, and I email you within four working hours to get started. If you would rather ask something first, email me.

What you get

• A full set of bespoke terms drafted for your business, reflecting the legal requirements that apply to your business and sector
• A note in plain English explaining the terms I have drafted for you
• Liability, payment, termination and IP provisions that protect your position and are drafted to withstand scrutiny from the other side
• Guidance on how to incorporate the terms properly
• Your questions and comments answered by email or phone
• One round of amendments to finalise the terms ready for use

What is not included

• Negotiating your terms with individual customers (I am happy to quote for this as an additional service if required)
• Sector-specific regulatory compliance beyond the contract terms themselves
• Website privacy notice and cookie compliance, which I quote separately
• Terms governed by the law of another country
• Tax advice

Questions I am often asked

The client dismissed someone against my advice and lost at tribunal. Am I liable?

If the terms say decisions are the client's and advice not followed is the client's risk, and your advice is recorded, the loss is the client's. The written confirmation of advice is what proves it.

Can I chair a disciplinary hearing for a client?

The terms should allow it as a defined role, applying the client's procedure and the ACAS Code, and should say whether you make the decision or recommend one. Being appointed decision maker changes your exposure, and the terms should price and limit it.

The handbook I drafted last year is now out of date. Is that my problem?

If the terms say documents reflect the law at the time and that reviews are a separate service, it is the client's decision whether to commission one. Offer the review; do not carry the risk of the change.

Related guidance and services

• Terms and conditions drafting, £995, the service this page describes
• Contract review, £495
• Terms and conditions for a health and safety consultant

This page is general guidance for businesses in England and Wales, not advice on your own circumstances. Last reviewed: September 2026. Email geoffrey@caesar.co.uk.