Appeals
Employees almost always have the right to appeal against a disciplinary decision made by the company. You should follow correct procedure when dealing with an appeal to ensure the employee has no reason to complain at a later date. The appeal should always be made in writing (e.g. disciplinary appeal letter) stating the specific reasons for the appeal.Following receipt of a disciplinary appeal letter the disciplinary appeal procedure should be followed and where possible a manager more senior than that of the manager who chaired the original disciplinary hearing should conduct the appeal. If the size of your firm makes this impossible you will need to make an extra effort to deal with the matter impartially.
A failure to deal with an appeal against a dismissal will be a breach of the statutory disputes procedure and would render the dismissal automatically unfair.
- Have a written disciplinary appeal procedure
- Ensure appeals are dealt with speedily, normally within 5 working days
- Examine the issues in full
- Pay particular attention to any new evidence introduced at the appeal meeting
- Do not be afraid to overturn a poor decision
- An appeal hearing must never be used as an opportunity to punish the employee for appealing the original decision.
Employees who feel they have been unfairly dismissed have a legal right to make a complaint to an employment tribunal. Ensuring the appeals procedure is followed fairly and correctly will help reduce this risk.
We can assist, advise and provide the correct processes, procedures and documentation to minimise your risk.
We can provide HR documents for the Appeal process.
