Questions to ask before someone files your EE report in your name
Ask these 4 critical questions before hiring someone to file your EE report. What to listen for—and what evasive answers sound like.
Before you hand over your employment equity data to someone else to report on, the onus is still yours—and SARS won't accept "my consultant said so" if the numbers don't add up. Getting the interview right is the difference between a compliant submission and a costly audit trail.
"Walk me through what you'll do with our payroll data"
This reveals whether they understand your business or are running a template process. A solid answer names specific steps: they'll extract headcount and salary bands from your payroll system, cross-check against your organisational structure, flag any anomalies, and explain how they'll handle contractors, part-time staff, or secondments. An evasive answer sounds like "we'll just submit what you give us" or "leave that to us." That's a red flag. You need someone who'll ask follow-up questions about your workforce composition—whether you've hired or retrenched recently, if you've restructured, whether you've brought in new roles. They should want to understand your context, not just collect data.
A good consultant will also explain how they'll document their working papers. Employment equity reports sit in the Department of Employment and Labour's system for years. If there's ever a query, those papers prove what decisions were made and why. Ask whether they'll keep copies and for how long.
"What will you check before you hit submit?"
This is where you find out if they're doing due diligence or just uploading. Listen for answers that include verification steps: comparing your EE data against your organisational structure to ensure all employees are counted, checking that job level classifications match the definitions in the regulations, confirming that any exemptions you're claiming (like scarce and critical skills) are documented. They should also mention a sense-check against your prior year submission—if your numbers swing wildly, there should be a story explaining why (a merger, a big recruitment drive, an exit).
Ask what happens if they spot an inconsistency. Do they flag it to you for clarification, or do they assume and move on? The answer should always be the former. A careless "we'll just adjust it" is a warning sign. You sign the declaration of accuracy; they don't.
"What are you assuming about my workforce that I should verify?"
Consultants work from the data you give them, but they often have to interpret it. For instance: if someone is listed as "African" or "Coloured" in your HR system, the consultant uses that classification. If your system is incomplete or outdated, the report will reflect that garbage. Ask them what gaps they've seen in typical datasets. Do they expect you to have filled in designated group status for every employee? Will they ask you to confirm job level assignments? Will they need you to clarify whether someone works full-time or part-time, or whether they're a manager or not?
A trustworthy consultant will also ask you to confirm any assumptions they've made. If they've had to estimate or make a judgment call on someone's classification or job level, they'll tell you so you can verify it's correct. They shouldn't hide behind "that's how it came to us."
"How will you explain the numbers to us—and to Department officials if asked?"
Your EE report is public-facing in some respects, and the Department can query it. Ask whether the consultant will give you a narrative summary alongside the submission—a plain-English explanation of your workforce, any targets you've met or missed, and your remedial actions. Will they help you prepare if an inspector asks questions? Some consultants will; others stop at submission.
Also ask about their own professional accountability. Are they registered with a professional body relevant to HR or employment law? Do they have errors and omissions insurance? Can they give you a reference from a recent client in your sector? These questions aren't about credentials alone; they're about whether someone has skin in the game if the submission goes wrong.
A consultant worth hiring will answer these questions clearly and without defensiveness. If you get vague, hurried, or annoyed answers, you're hearing something important. Your EE report is a legal document. The person filing it on your behalf needs to understand your business deeply enough to stand behind the numbers. When you're ready to find someone who'll do that rigorously, Strove lets you compare consultants, read verified reviews, and contact them to ask these very questions before you commit.
Common questions
- What happens if my EE report has an error and I didn't notice it before submission?
- The Department of Employment and Labour can issue a query or non-compliance notice. If the error is material (e.g., wrong headcount, missing designations), you may face penalties or a demand to resubmit. This is why the consultant's verification process matters—catching errors before submission is far cheaper than fixing them after. Ask the consultant whether they offer a revision period after you've reviewed the draft.
- Can I hold the consultant liable if the submission is wrong?
- That depends on the nature of the error and what your contract with them says. If they failed to follow reasonable due diligence (e.g., they didn't ask clarifying questions or didn't verify data), you may have a claim. This is why you should confirm they have professional indemnity insurance and ideally a clear scope of work in writing. Always sign off on the numbers before they submit—your signature is your acceptance of the accuracy.
- Should the same person handle both my EE report and my B-BBEE scorecard?
- They can, but they need to be competent in both. EE reporting and B-BBEE scoring are different frameworks (one is compliance, the other is a scoring tool), and the data overlaps but doesn't align perfectly. Ask whether they've done both, whether they understand the differences, and how they'll prevent conflicts between the two submissions.
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