Why Do I Need a HR Consultant? (Investigations)

Surely, I can just use ACAS?

When it comes to handling human resources (HR) issues within your company, you may have wondered whether hiring a HR Consultant is necessary. You could always turn to ACAS or handle it yourself, right? But let’s delve into why seeking professional advice, even for small businesses with limited staff, can be a wise choice. In this series of blog articles, we will explore real-world examples from the Employment Tribunal Public Records to show the value of HR Consultants in managing your most valuable resource – your people.

Let’s start by examining the importance of investigations. You might assume that handling investigations is a straightforward process – simply ask the individuals involved about the issue and invite them to a disciplinary hearing if you believe there is evidence. But what if the situation is more complex, such as when a colleague accuses someone of making inappropriate comments or engaging in unwelcome behaviour? Do you still believe you could manage it without specialist assistance?

What happens when it goes wrong?

Consider the case of Gormley V City of York Council, where a Mental Health Practitioner, Mr. Gormley, was dismissed by the council in 2023 following allegations of sexist comments and unwelcome innuendos in the workplace. During the investigation, it was revealed that Mr. Gormley had been suspended while the inquiry took place. The complainant accused Mr. Gormley of commenting on their attire, expressing discomfort about the complainant touching his knee while changing gears in the car, and making upsetting comments about young victims of abuse in the presence of a trainee.

The investigation report confirmed the presence of “unwelcome innuendos” and other inappropriate behaviour within the workplace. Despite having a clean disciplinary record spanning 23 years, Mr. Gormley was dismissed for gross misconduct during a disciplinary hearing in March 2023. However, the Employment Tribunal ruled in favour of Mr. Gormley, saying that the investigation was not conducted reasonably. The Tribunal highlighted that the specific details about innuendos and sexist remarks were lacking, and no follow-up questions were asked to clarify the circumstances in which these comments were made. They further noted that Mr. Gormley’s years of service, disciplinary record, and allegations of being a misogynist were not adequately investigated. The Tribunal concluded that the investigation and later dismissal were flawed and lacking reasonable grounds.

As a result, Mr. Gormley was awarded £60,700 in compensation.

So, how would a HR Consultant have helped in this situation? A HR Consultant would have provided an external perspective, ensuring that Mr. Gormley’s reputation and livelihood were considered alongside the importance of a prompt and thorough investigation. A HR Consultant would have helped with further questioning to assess the impact of Mr. Gormley’s comments on the complainant, examined his disciplinary history and delved into why a colleague had referred to him as a misogynist. In addition, a HR Consultant would have taken any mitigating circumstances and the broader context of the situation into account. They would have examined whether this incident was an isolated one or part of a pattern of behaviour.

By involving a HR Consultant, the disciplinary chair would have had access to comprehensive information necessary to make a decision that aligns with the Burchell Test. This legal test requires a genuine belief in the claimant’s misconduct at the time of dismissal and that this belief was based on reasonable grounds.

In conclusion, investing in a HR Consultant can help navigate complex HR issues such as investigations, ensuring a fair and diligent process that minimises the risk of costly legal action. Stay tuned for the next episode in our series, where we will explore another crucial aspect of HR consulting.