HR lobbying: How far can they go?

The case of Ramphal v Department for Transport [2015] gives a stark reminder to human resource professionals on how far they can go when advising on disciplinary investigations.

By Jonathan Holden, partner and head of employment, Forbes Solicitors

The investigating manager’s initial report findings were favourable towards the employee, saying their arguments were plausible and recommending a final written warning.

It was clear that the advice from the HR department was not limited to matters of law and procedure, but extended to issues of culpability, and that it had sought to persuade the investigatory manager to be more critical of the employee.

HR professionals are able to give advice on procedure and the law, particularly as investigatory officers are not always familiar of this. However, this advice should not extend to issues of culpability.