Employment News Update: Inappropriate lobbying by HR impacted on fairness of decision to dismiss

In Ramphal v Department for Transport, the EAT had to decide whether a misconduct dismissal could be fair when it appeared that the HR department had expressed views about the employee’s credibility and blameworthiness to such an extent that it may have influenced the decision to dismiss. Makbool Javaid, Partner and Head of Employment Law examines the EAT’s ruling that HR inappropriately lobbied the manager conducting the disciplinary process, thereby going beyond its remit, which should be confined to advising on the law and the procedures that should be followed. Makbool sets out the guidance provided by the EAT on HR’s role in disciplinary situations and explains how this can be incorporated into the practical situations which HR and managers face.

This article appeared in the CIPD People Management Online Magazine on 22 September 2015

Link for CIPD Members

Link for non-CIPD members: Ramphal v Department for Transport