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To Which Extent The HR Division Should Be Involved In Disciplinary Investigations

disciplinary-proceduresDisciplinary mechanisms provide framework in dealing with employees misconducts in organizations. In many cases it is aimed at maintaining a certain consistency and standards within an organization. The application of disciplinary procedure ought to be prompt, impartial, reasonable, consistent and without prejudice.

One of the vital roles of HR Division in organizations is to provide an advisory framework. In Disciplinary procedures, the HR Division does not exceed providing procedural advice and comprehensive report to mangers involved in disciplinary actions within the organization.  Upon investigation, the substance of the report should be the product of the investigating manager’s enquiries. In fact, the outcome of a disciplinary decision must reflect the findings and conclusion of the disciplining manager

This does not mean that a HR adviser cannot or should not have input into an investigation report or disciplinary outcome. On the contrary, that is usually a key element of the HR role. However HR division should be deliberate on extraditing its role as stipulated by examples below, however it’s vital to hire experienced employment Lawyers;

  • The HR Division body, as an adviser to an organization, should outline the guidelines of disciplinary procedures and policies as early as possible to any disciplinary proceeding.
  • The HR body should ensure that the disciplinary manager has addressed all matters pertaining to misconducts within the organization, for example, suggest that findings and recommendations be set out more clearly – provided this does not affect the substance of the report.
  • It’s the mandate of the HR body to highlight all matters that the disciplinary manager ought to have taken into account but has not considered or any matter that the disciplinary manager has been influenced but ought not to have taken into account with a discrimination solicitors london who can help you.
  • The body should also provide and cross check all the relevant factual evidence in regards to disciplinary matters.

Conclusion;

More often than not, the HR division has a fine line to tread. The final report and findings are highly depended on the disciplinary manager’s opinion, other than by reference to improper influence from HR.

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