Four Deadlines This Month Where You Actually Get a Say

Employment law consultations: why SMEs should respond

Picture this. You’ve got a rota to fix, payroll to approve, and someone needs next week’s shifts. Employment law consultations sound like a committee room you will never visit. Here’s the truth: employment law consultations are open to you, and your voice matters more than you think.

Most responses come from big organisations with policy teams. That skews outcomes. The result is guidance written for a company with layers of HR, not a nine-person team where the owner wears three hats.

So let’s jump straight in. Four employment law consultations close this month. Each one will shape real decisions in real UK SMEs.

“Workers should be made aware of the nature, extent and reasons for any monitoring.” – ICO, Monitoring at work guidance
Source: https://ico.org.uk/for-organisations/uk-gdpr-guidance-and-resources/employment/monitoring-at-work/

“Compliance is good, compassion is even better.” – Kate Underwood, KUHR

Quick reality check: SMEs make up around 99.9% of UK businesses, with the vast majority being micro firms with fewer than 10 employees. Source: GOV.UK, Business population estimates 2024.

Why your voice matters in employment law consultations

You may feel your view is too small to count. It isn’t. Employment law consultations are built to catch lived experience. Short, specific answers from owners and managers carry weight because they are practical.

The myth: consultations are for big players

The word sounds formal. You picture thirty-page submissions and policy people who live in footnotes. You run a small team with shifting hours and a van that needs an MOT. Surely this is not for you.

The truth: quick, plain-English responses count

Anyone can reply to employment law consultations. No letterhead required. You can answer three questions and skip the rest. Ten minutes well spent can explain what works in a five-person firm and what does not.

The four employment law consultations at a glance

Key dates and what they affect

All four land on day-to-day decisions: paying holiday, running processes, sharing tips, and using tech that tracks staff. None of this is niche.

What to say as an SME: practical prompts

Here are the plain-English points I would raise. Copy, adapt, or pinch the bits that fit. This is how your experience turns into better rules.

Holiday pay enforcement: start with fixing, then fines

Closes 11.59pm on Tuesday 22 September 2026.

This covers how the Fair Work Agency will enforce statutory holiday pay. It sits alongside tribunals, so a claim is not needed for someone to look at your pay calculations. Holiday pay is the number one thing small firms get wrong, often through old payroll settings, irregular hours, overtime and commission.

The small employer point: enforcement should start with putting it right, not punishment. If a business has made a good-faith mistake for three years, there needs to be a clear route to correct pay and move on, without the first contact being an enforcement notice.

Quick actions:

• Say you support clear guidance, calculators and a fix-first path for genuine errors
• Ask for a time-limited amnesty where arrears are paid and records updated
• Request simple examples for part-year and irregular hours workers

The Acas Code that judges your process

Closes 11.59pm on Wednesday 23 September 2026.

Acas has drafted a new Code of Practice on disciplinary and grievance procedures. Tribunals use the Code as a benchmark and can adjust awards by up to 25% if you unreasonably fail to follow it. The draft shifts tone: more early resolution and mediation, clearer rules on suspension, stronger focus on adjustments, and the term “worker” throughout.

The small employer point: independence has to be realistic. If the draft assumes separate people run every stage, explain what that looks like in a five-person firm and what a fair alternative is.

Quick actions:

• Support the early, informal approach and mediation as a real option
• Ask Acas to spell out fair alternatives where one person wears several hats
• Request short model letters and scripts fit for SMEs, not just large employers

Tips: what “fair and transparent” means in real life

Closes 11.59pm on Tuesday 29 September 2026.

The revised statutory Code on fair and transparent distribution of tips is back out for comment. The duty to consult staff on tipping policies is due by the end of 2026. It reaches beyond restaurants into salons, delivery, events and some retail.

The small employer point: define what meaningful “consultation” looks like for a six-person rota. Does a team meeting count? Does a short written note asking for views count? Spell out good practice that is clear, short and doable.

Quick actions:

• Ask for examples of simple, valid consultation steps for small teams
• Request a one-page template policy with clear record-keeping rules
• Back a ban on unfair tip deductions and delays

Watching your people: be open and proportionate

Closes 11.59pm on Wednesday 30 September 2026.

This looks at fair, transparent and responsible use of monitoring tech. Think vehicle tracking, door entry logs, call recording, delivery apps that time routes, or rota software that scores attendance. Many systems collect data by default.

The small employer point: transparency must be proportionate. Telling your team what is recorded, why and who sees it is fair. Requiring a formal impact assessment for every single app in a nine-person firm is heavy. Draw a line that fits risk and size.

Quick actions:

• Support clear notices, short privacy info, and staff Q&A time
• Ask for templates scaled for small employers, not 40-page assessments
• Request plain-English examples of acceptable and unacceptable uses

How to respond to employment law consultations in 10 minutes

Here’s a fast, simple method that works.

1. Open the consultation and skim the questions.
2. Pick 2 or 3 that touch your day job.
3. Answer in plain English with concrete examples.
4. Use this frame: In a business of my size this would mean X. What would work better is Y.
5. Hit submit. Done.

Helpful links:

• Acas Code of Practice on disciplinary and grievance procedures: https://www.acas.org.uk/acas-code-of-practice-on-disciplinary-and-grievance-procedures
• ICO guidance on monitoring at work: https://ico.org.uk/for-organisations/uk-gdpr-guidance-and-resources/employment/monitoring-at-work/
• GOV.UK consultations: https://www.gov.uk/government/consultations
• Business population estimates 2024: https://www.gov.uk/government/statistics/business-population-estimates-2024

What is still open after September

The consultation on equal pay and pay discrimination opened on 14 July 2026 and closes at 5pm on 27 October 2026. It covers pay gaps affecting disabled people and people from ethnic minority backgrounds, pay transparency and outsourced workers. Also still open: employment rights for unpaid carers and for parents of seriously ill children, and time off for public duties. If someone on your team is juggling care at home, this matters for scheduling, leave and culture.

FAQs on employment law consultations

• Can small businesses respond to employment law consultations?
  Yes. Anyone can reply. You can answer only the questions that apply to you.

• Do I need a lawyer to respond?
  No. Plain-English answers based on your real processes are welcome.

• Will my response actually be read?
  Yes. Departments publish summaries and often quote small business points.

• How long should a response be?
  Short is fine. One to three paragraphs per question is normal.

• What if I get something wrong?
  You are sharing lived experience, not legal advice. Be honest and specific.

• Where can I find current consultations?
  Check the GOV.UK consultations page and Acas updates.

Final thoughts and next steps

Employment law consultations shape the rules you live by. Your practical view helps make them fair, workable and human. If you want a calm look at where you stand right now, our free HR Health Check is a great start. It shows what to fix and what is already fine, so you can spend your energy in the right places.

• Free HR Health Check: Book your HR Health Check
• Press and media: See our coverage
• Kate Underwood HR: Visit our homepage

Kettle On, Standards Up. Until next time, keep buzzing and take care of your people!