Choosing someone to write HR policies that hold up when tested

When HR policies crumble under scrutiny—whether at a CCMA hearing, during an audit, or when an employee challenges a dismissal—it is usually not because the words were careless. It is because whoever drafted them did not understand the actual conditions in your workplace, the pressures your managers face, or the gaps between what the policy says and what happens every Monday morning. Choosing who writes your policies means finding someone who will ask the hard questions before drafting, not after.

Most businesses either buy a template pack and hope it fits, or they hire the cheapest consultant they find on a job board. Both approaches tend to fail quietly: policies sit in a drawer, unused or misunderstood, until a dispute forces you to lean on them and discover they do not cover your situation or contradict how you actually manage people.

Someone who asks about your business before writing

The most reliable signal is how much time a consultant spends listening to you before putting pen to paper. A good policy drafter will want to understand your industry (hospitality, tech, construction, retail—each has different firing risks), your team size and structure, your cash flow constraints, and which issues have already caused you headaches. They should ask why you think you need a policy on a specific topic, what problem you are actually trying to solve, and what your managers would do without it.

If a consultant presents you with a standard template on the first call, or asks only for your company name and number of staff, that is a warning sign. The policies that hold up are the ones that reflect your specific operations, labour risks, and the way your business runs. A consultant who asks for an hour-long walkthrough of your hiring process, your performance management cycle, and your recent staff issues is investing in accuracy. That usually costs more upfront but saves you later.

Track record with workplace disputes and regulation

Ask what happens when a policy gets tested. Has the consultant seen policies hold up at the CCMA or in disputes with employees? Can they walk you through a real example (anonymised) of a policy they drafted that actually worked when it mattered? Have they worked with the regulator bodies relevant to your industry, or done audits where policies were scrutinised?

You should also ask whether they stay current with labour law shifts and POPIA rules. Policies that worked three years ago may not work now. A consultant who attends training, reads commission rulings, or works with legal advisers on tricky cases is more likely to catch risks that a template would miss. Check whether they hold a relevant qualification—SACP membership, IPHRA status, or equivalent—and whether they can point to professional development they have done recently.

How clearly they explain trade-offs

Every policy involves a trade-off. A strict attendance policy protects you but may alienate staff if it does not account for load-shedding or transport delays. A flexible remote-work policy attracts talent but creates measurement headaches and potential disputes about fairness. A good consultant will name these trade-offs openly, explain what you are protecting against and what you are risking, and help you choose based on your actual priorities and risk appetite. They will not sell you a policy because it sounds modern or because "everyone has one."

Likewise, they should explain what your policies do not cover and why. Sometimes the answer is that a bespoke clause is needed; sometimes it is that a formal policy is not the right tool and you need a manager guide instead.

When you are comparing candidates, ask them to walk you through how they would approach one specific policy area for your business—say, performance management or remote work. The ones who ask clarifying questions, acknowledge trade-offs, and tie the policy back to your exact risks are the ones most likely to deliver something that actually works when tested. You can find and vet experienced HR policy writers on Strove, where you can compare their expertise, see their track record, and read what other business owners have experienced working with them.