HR is there to protect the business and ensure that employment legislation is followed so you don’t end up in a tribunal or paying money out to avoid tribunal. That is part of HR’s role, compliance is a key area. In the UK there is a lot of employment legislation and it is there to ensure fairness and protect employees, after all employers hold the power in the relationship. That is only part of the story though.
I pondered this question recently when a junior HR advisor asked for feedback, they are currently studying for a CIPD qualification and there is a module which requires them to ask how they work with the business. It made me think about my own journey in HR, how my approach has changed now from when I first started.
There is a perception in the business from employees that HR are the ones that make the decisions when it comes to employee relations, but that isn’t or shouldn’t be the case. Our role is to advise and give guidance, understand both sides of the situation and then provide a balanced view. However, when you first start out the inclination is to think that HR should tell managers. I have noticed this with the junior HR advisor, they tend to go in like a bull in a china shop having already made their mind up about the situation and the employee. Managers find them too confrontational and prefer to avoid seeking advice from them.
Experience teaches you to take a step back and look at all angles, things are very rarely black and white. It is also true that you can believe that dismissal is the right outcome whilst still feeling sorry for the employee. Their actions have led them to be in the disciplinary hearing however, that doesn't mean you cannot have empathy for them and question the decision, in fact you absolutely should do that.
When you work in HR you are privy to confidential information, you are involved in investigating employees, looking at their emails, discussing their behaviour with other team members, it can be easy to get swept up in the situation and get ahead of yourself. You look at the employee and make a decision about why they have behaved in a certain way, or respond to them in judgemental, confrontational or aggressive way which makes the situation worse. HR’s role is to be calm, non-judgemental and neutral.
Once you have reviewed the information it is human nature to form an opinion, however, you must be willing to hear from the employee and then form a rounded decision. Experience teaches you that there are two sides to every story. Often when tribunal decisions are published in favour of the claimant it is because pre-determinations have been made and a conclusion jumped to.
Always, take a step back and ask yourself why has the employee behaved in this way? It might not ultimately change any decisions but it will help you ask questions to understand where things went wrong. Think through all the possible decisions which could be made and question whether your initial point of view is the right one. HR’s role isn’t to be judge, juror and executioner but to challenge managers decision, test it against all the evidence and chat through the consequences of any decisions. We are there to be the voice of reason in what are often inflammatory situations not to throw fuel on the fire.
HR are employed by the business and we walk a line between protecting the business and making sure employees are treated fairly. It is easy to get frustrated and annoyed with an employees behaviour, particularly when it has been addressed on previous occasions or if they have the experience to know better. Regardless, treat them as you want to be treated, give them the time and opportunity to discuss the situation, the decision will impact their life particularly if it is dismissal. It maybe the right or only option but never lose sight of the humanness of situation. I don’t like ‘fluffy’ HR difficult decisions have to be made but they can be done with empathy.
