EAT Ruling Highlights The Risks In Using A Prepared Script In Disciplinary Hearings

A recent EAT decision highlights the risks in a disciplinary decision-maker using a script prepared by HR (and therefore not privileged) during a disciplinary hearing: the mere fact of using a script will not in itself prove prejudgment and render a dismissal unfair but, if the script strays beyond summarising the law and procedure, it may make it harder for the employer to show that the decision-maker really did make up their own mind having taken the employee's representations into account.

In this case an employee was disciplined for sending an anonymous harassing email to a colleague and a second email in breach of his confidentiality obligations. A search of his computer did not confirm his authorship of the anonymous email, but this was instead deduced from its content and context. The script drafted by HR for the disciplinary hearing provided for the disciplinary decision-maker to state that the email was "one of the most unpleasant emails I've read", that