Who makes the calls around here?
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One of the things we like to do with these articles is make the implicit explicit, shining a spotlight on an underlying issue, so in the future you will see what you otherwise would have missed. This is one of the big questions that will always be under the surface of any workplace you work in; who makes the decision, HR or management? My preference is management, and I will explain why, but different organisations have different customs, sometimes for good reasons, sometimes not.
Types of decisions
First let’s get a little context going, and put some common decisions on the table for discussion. Most critical are the hiring and firing decisions, but also remuneration, discretionary leave, development opportunities can become areas where it is unclear who’s the decision maker. To give an extreme example, what happens when (after an internal recruitment process including HR) another manager offers a person a job but the original line manager refuses to agree to their departure? Who is the decision maker there?
Should the line manager make the call?
This is my preference, and should be wherever practical. While HR can prep the decision, run the process, and make sure it is legally compliant, the decision should ultimately be made by the line manager. To give examples- HR can advertise, phone screen, liaise, complete the references and so forth, but the decision to hire should remain with the manager. Similarly, in a disciplinary situation- HR can write the letters, run the meeting, take the notes, even ask the questions but ultimately leave the manager to make the decision.
The reason for this is ownership. HR doesn’t have to live with the consequences of the decision- the decision to hire, to fire, or to not fire. Most often, the tension is not that HR is trying to take control from the manager, but give it to them, or avoid the manager trying to delegate to them.
It would be uncharitable to say it was cowardice, but it is common to see conflict avoidance behaviour where there is bad news to be given. This is common both in terminations, but also in pay reviews. But if the manager has to live the consequences of the decision, it is best they make the call.
Should HR make the call?
Sometimes the decision is deferred to HR to make the call. This tends to happen in bulk recruitment, redundancy situations, remuneration reviews and in some disciplinary situations. As a rule, it’s not ideal because the manager doesn’t have ownership- which (especially for hiring and firing decisions), undermines them in the long run, and also lets them off of the hard decision. This is particularly problematic with where the manager doesn’t make the hiring decision and is more likely to write the employee off early as a ‘bad hire by HR’.
But there are reasons why the decision should fall to HR. In some structures, too much responsibility is loaded on the manager, and as you’ve probably found, managers have a lot of decisions to make. Where HR does end up making decisions, it’s to take some workload of that manager, which is understandable especially if people skills are not their forte. It’s not ideal, but it is understandable.
Alternatively, sometimes it is expedient to let HR be the bad cop. Especially where the decision isn’t practically at the manager’s discretion. Examples of this are redundancies, or pay reviews- these are not decisions the manager is making at their own discretion or by their own volition, but more because upstairs needs it to happen. These cases, the perceived responsibility falling to HR is understandable.
Can you operate by consensus?
Most of time, these decisions involve discussions with HR and the manager, and most of the time consensus is reached, so most of the time the question of who decides is moot. But you need to keep your eye on the question- who is actually the decision maker here? Who is advising who, and who is agreeing with who?
Types of advice: can’t do, versus shouldn’t do, versus really shouldn’t do.
If consensus is not naturally emerging, and often it doesn’t (if I had a dollar for every conversation I’ve had talking manager back from the fixed view of ‘they just need to go’), you need to know what type of advice you are giving, and not confuse them.
Can’t do is the basic question of legal compliance. If what they are doing clearly and absolutely in breach of the law (and while arguably an employer can do whatever they like if they are prepared to pay the resulting costs from the court case), you may be giving advice which is in essence- that can’t be done.
Shouldn’t do is advice that is an opinion, what you would do if it was up to you. You’ve weighted the factors, and according to your perception, this is the best course of action. If you’re not the decision-maker, you entitled to give this opinion and the underlying logic, but if you’re not agreed with, they are not incorrect.
Really shouldn’t do is inbetween; it is within the range of legal options, but it’s high risk, for the follow reasons. It may come with a strong recommendation against, which you should voice, and you may even request, or advise that this matter is escalated. Again, if it’s not your call, it’s not wrong if people don’t agree with you.
However, if it is your call, then you’re entitled to stick to your guns.
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It’s easy to think of the tasks that HR performs for the organisation, but what’s the big picture? what does HR do? Understanding the part HR plays in the big picture of the organisational machine helps us understand why we what we do, so that we can see why it’s important to do, and how we could do it better.