“I am the HR Manager at a large company with a dedicated HR function with 5 team members. We are currently assisting management on handling a sensitive disciplinary investigation which is likely to lead to a disciplinary hearing. I have been asked if I can chair the disciplinary hearing, as management don’t feel they have the necessary experience with employment law or process. I am reluctant to step into a decision-making role. How do I handle it?”

 You are right to exercise caution. The proper role for Human Resources in the disciplinary process has been considered by the courts and tribunals on several occasions, with three cases in particular giving useful guidance.

The first, Chhabra v West London Mental Health