The Case for Evidence-Led Disciplinary Processes
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When dismissal is the desired outcome, is the evidence driving the process, or the other way around?
Sunil Hansjee explores why employers should start with the evidence, rather than a predetermined outcome.
He discusses how confusing misconduct with incapacity or poor work performance can lead employers down the wrong procedural path and why the reasons for dismissal, the evidence and the process need to align.
The conversation also examines the roles of investigators, initiators and chairpersons, raising an important question about impartiality in disciplinary proceedings.
For employers and HR teams, the takeaway is clear: gather the relevant evidence, understand the real issue and seek legal advice before deciding how to proceed.
Sunil Hansjee explores why employers should start with the evidence, rather than a predetermined outcome.
He discusses how confusing misconduct with incapacity or poor work performance can lead employers down the wrong procedural path and why the reasons for dismissal, the evidence and the process need to align.
The conversation also examines the roles of investigators, initiators and chairpersons, raising an important question about impartiality in disciplinary proceedings.
For employers and HR teams, the takeaway is clear: gather the relevant evidence, understand the real issue and seek legal advice before deciding how to proceed.
