Unfair Dismissal: Acceptable HR Involvement

Often when an employee is suspected of misconduct, an employer will commence an investigation prior to initiating any disciplinary process. While it is always advisable for different individuals to carry out the investigation and the disciplinary process, it is not uncommon for the same HR support to be involved in both procedures. Although HR plays an important role in this regard, their advice should be limited to addressing questions of procedure and process and the appropriate level of sanction to achieve consistency. HR should not stray into the territory of offering opinions on culpability or guilt.

A stark example of HR going beyond scope is a recent UK decision Ramphal v Department for Transport EAT/0252/14 where it was held that HR actively intervened in a disciplinary process thereby causing an unfair dismissal.