Soundbite: Recent Tribunal case serves as a reminder of the role of HR in disciplinary cases

Recent Tribunal case serves as a reminder of the role of HR in disciplinary cases

There is often some debate within businesses regarding the role of HR, where managers often want to move the responsibility of a decision on to HR.  HR are there in an advisory capacity and ultimately, unless they are the appointed decision maker, should not make the decision.  However, there have been previous cases looking at the role of HR and when HR’s actions could render a dismissal unfair.

The recent case of Shing v University of the Arts London (UAL) provides helpful guidance on the role of HR, by finding that the decision in Ramphal v Dept of Transport was not authority that any intervention by HR in advising on a decision to dismiss makes a dismissal unfair.  In fact, it is important that HR helps maintain consistency in decision making in different parts of an organisation.  Here, the fact that HR had drafted the dismissal letter did not mean that Professor Crow, the decision maker, had not made the decision.

If you need any assistance with a disciplinary decision and helping ensure HR stay within the remit of their role in a disciplinary process, please get in touch with a member of the team.