Employment Appeal Tribunal clarifies when advice from human-resources staff crosses the line into improper influence over disciplinary decisions.
Human-resources professionals can advise employers on the seriousness of misconduct without compromising the independence of disciplinary decision-makers, the Employment Appeal Tribunal (EAT) has ruled, dismissing an appeal by a university lecturer sacked over an inappropriate relationship with a student. Handing down his decision in London yesterday (12 October), Deputy High Court Judge John Bowers KC rejected arguments that HR staff had improperly influenced the lecturer’s dismissal.
The ruling provides important guidance for employers conducting disciplinary investigations, particularly where HR advisers help ensure consistency between cases.
Wyc Shing was a senior lecturer at the University of the Arts London when concerns emerged about his romantic relationship with a student. The university investigated and subsequently dismissed him without notice for gross misconduct.
Shing challenged his dismissal before an employment tribunal, alleging unfair dismissal and racial discrimination. He argued that HR personnel had exerted improper influence over the disciplinary process and that two other lecturers accused of inappropriate conduct involving students had received more favourable treatment than him, because he was Chinese.
The employment tribunal rejected his claims, finding that the university had conducted a...
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