HR On Call Blog | HR services for small business

The HR Compliance Gaps Costing Small Businesses

Written by Melissa Behrend | Aug 11, 2025

 

If you’re running a business with 10–50 employees and no HR team, you’re not alone. But with each new hire, your compliance risk grows—and often, you don’t realise there’s a problem until it’s too late.

 

From unfair dismissal claims to outdated contracts, many growing businesses are unknowingly exposed.

Here are the most common HR compliance gaps we see—and how you can address them before they cost you.  

 

✅ 1. No Legally Compliant Employment Contracts

Many small businesses use a “template” found online or passed along from a friend. But without aligning contracts to Fair Work standards, award coverage, and national employment standards (NES), you risk underpayment, confusion, and legal exposure.

 

How to address this: Have your contracts reviewed by an HR or legal expert and ensure they’re tailored to role type (permanent, casual, fixed-term) and award. 

 

✅ 2. Outdated or Missing HR Policies

Even with 10–15 staff, you need core HR policies. Why? Because when someone raises a complaint, works remotely, or takes leave—you need documented, legally sound processes.

 

Critical policies include:

  • Code of conduct

  • Bullying & harassment

  • Leave and absence

  • Work from home

  • Grievance and disciplinary procedures

  • Artificial Intelligence 

How to address this: Develop a tailored HR policy manual that reflects your company size, industry, and values—and make sure your team is familiar with it.

 

✅ 3. No Process for Performance or Misconduct Issues

If an employee isn’t meeting expectations or behaves inappropriately, how do you manage it? Too often we hear, “We just had a chat…”—but without proper steps, documentation, and procedural fairness, you're exposed under unfair dismissal laws.

 

How to address this: Introduce a clear, fair process for performance management and disciplinary action. Even simple documentation can provide protection for your business. 

 

✅ 4. No Compliance with Fair Work Award Coverage

Many business owners don’t realise their employees may be covered under a Modern Award—even if they’re paid “above award”. If you’re not tracking ordinary hours, overtime, or breaks—you may be breaching the award.

 

How to address this: Identify which awards apply to your staff and ensure payroll, hours, and entitlements are correctly applied and documented. 

 

✅ 5. Inadequate Record-Keeping

If Fair Work or a former employee requests records, can you easily provide:

  • Employment contracts?

  • Leave balances?

  • Timesheets?

  • Performance notes?

If not, you could face fines or lose a claim.

 

How to address this: Implement a simple HR system or organised folder structure to store essential employee records—and understand the legal retention requirements. 

 

 

🛠️ Next Steps: Don't Wait Until You're in Trouble

If any of the above sounds familiar, you're not alone—and it’s all manageable with the right approach.

At HR On Call, we help small businesses across Melbourne strengthen compliance quickly and effectively—without the overwhelm of building a full HR function.

 

 

 
  •  

 

 


.