Keeping up to date

We take seriously our responsibility to keep you up to date so that you can use changes in employment law to commercial advantage. By understanding and interpreting the latest case law and legislation we can deliver updates to you that are concise and usable. With imagination, we are able to ensure that developing law can be used to allow you to achieve commercial solutions, cost effectively and expediently.

Talking Tribunals #3 – Is your people team too involved?

Published On: February 14th, 2022By

For all the best reasons sometimes people team members or HR managers get a little too involved. It’s vital when you’re going through a formal disciplinary process that the individual making the decision does just that. Here’s what to consider:

Behind the scenes – sometimes we see that the people team have become so involved and keen to ensure that the ‘right decision’ is taken that they end up influencing the decision-maker to such an extent that any dismissal is tainted and unfair.

Support not influence – there’s nothing wrong with people team members supporting the disciplinary process but they must steer clear of influencing the decision.

Train disciplinary managers – ensure that you’ve trained the disciplinary manager to deal appropriately with the hearing so that they understand the legal framework and feel confident on the factors they need to consider when making their decision.

Evidence the decision – consider a checklist for disciplinary managers to work through such as our ‘issues to consider when dismissing for misconduct’ and ensure that they note their thought-processes throughout – this will be crucial in showing why any dismissal was fair.

We can support you to provide your managers with the necessary tools and training to manage the disciplinary process – get in touch to find out more.

 

This update is accurate on the date it was published (14 February 2022), but may be subject to change which may or may not be notified to you. This update is not to be taken as advice and you should seek advice if anything contained within affects you or your business.