In a recent judgement the UK’s Employment Appeal Tribunal (EAT) considered the extent to which Human Resources may be involved in disciplinary proceedings.
The case involved an employee who was dismissed for gross misconduct for misuse of expenses and hire cars. Evidence showed that, initially, the manager who was appointed to conduct the investigation and act as disciplinary officer had recommended that the employee be found guilty of misconduct and sanctioned with a final written warning. After taking advice from the HR department, however, the manager changed his position and recommended summary dismissal for gross misconduct.
The EAT considered that the HR department had clearly influenced the manager in relation to the employee’s culpability and credibility, thus causing him to change his recommendation. According to the EAT, investigating officers are entitled to seek advice from HR, but HR must limit their advice to questions of law and procedure and process, and avoid straying into areas of culpability and appropriate sanction. The case has been sent back to the Employment Tribunal for reconsideration, but it does raise a number of important questions about the role of HR in dismissal decisions which probably exceeds the court’s powers of determination. [Ramphal v Department for Transport UKEAT/0352/14]