Summary: What is the role and limitations of an employer’s HR department when providing advice to investigating and disciplinary officers?
The EAT in Ramphal v Department for Transport (available here) says that it is to advise on questions of law and procedure only. In particular HR should not improperly influence the decision or advise on culpability and appropriate sanctions – unless they relate to consistency. If HR oversteps this role there is a risk that any dismissal could be unfair.
Facts and Implications:
For an excellent summary please see our own Joanne Sefton’s blog, available here.