UK EAT Rules HR Should Advise, Not Decide, on Dismissals

The UK Employment Appeal Tribunal ruled HR's role is advisory, not decisive, in dismissals.

On May 26, 2023, the UK Employment Appeal Tribunal (EAT) issued a key ruling in Shing v University of the Arts London, clarifying Human Resources' role in dismissal procedures. Senior lecturer WYC Shing was dismissed for gross misconduct due to an inappropriate relationship with a mature student.

The EAT confirmed HR's function is primarily advisory, guiding managers who make the final disciplinary decisions. As Roger James from Ogletree Deakins explained, "HR's role in disciplinary proceedings is generally to guide the process and provide advice to the managers taking the decisions. In most situations, HR will not participate in taking the final decision." This distinction maintains managerial accountability while ensuring HR supports compliance with employment laws.

Significantly, the EAT ruled that HR's involvement in decision-making does not automatically render a dismissal unfair. Instead, the tribunal stressed that fairness depends on the specific circumstances of each case, not on any rigid procedural rule about HR’s role. This reinforces the need for a fact-driven approach in unfair dismissal claims.

This ruling was also reported by Personnel Today, underscoring its impact on HR and legal professionals managing disciplinary actions.

For legal and HR professionals, the decision underlines best practices: HR should advise and support managers but avoid overstepping into decision-making. Ensuring clear lines respects managerial responsibility and helps manage dismissal risks effectively within UK employment law.