Legal News

HR advice on discipline should be limited to matters of law and procedure (News, 7 September 2015)

Published on: 07 September 2015

Table of contents

  • Impact of this judgment
  • Background law
  • The facts and decision of the employment tribunal
  • The judgment of the EAT

Article summary

Although a dismissing or investigating officer is entitled to seek guidance from Human Resources (or others), such advice should be limited to matters of law and procedure and to ensuring that all necessary matters have been addressed and achieve clarity. An individual facing disciplinary charges and a dismissal procedure is entitled to expect that the decision will be taken by the appropriate officer, without having been lobbied by other parties as to the findings he should make as to culpability, and he should be given notice of any changes in the case he has to meet so that he can deal with them, according to comments by HHJ Serota QC. EAT: Ramphal v Department for Transport.

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