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