How does the Employee Appeal? 

The most common decisions which lead to an Employee Appeal will be Grievance or Disciplinary process outcomes. It will usually be stipulated in an outcome letter e.g. a conduct related dismissal letter that the employee has the right of Appeal and that Appeal must usually be sent to a designated person in writing within 5-7 days of receipt of the decision. Upon receipt of an Appeal letter from the Employee, the Employer will than arrange for their Appeal to be heard. 

How do I arrange an Appeal Hearing? 

A formal Appeal invitation letter will usually be sent to the Employee confirming the following: 

• Date and time of the hearing 
• The Employee’s right to be accompanied and by who 
• The name and job title of the person chairing the Appeal hearing 
• Confirmation of potential outcomes following the disciplinary 

Note: The Appeal chairperson should be someone of suitable authority over the original decision maker and if possible that Appeal Chairperson should have had no prior involvement in the original decision. 

How much notice do I need to give the Employee for the Appeal hearing?

The ACAS code of practice does not give a specific time frame on how much notice should be given to an Employee ahead of the Appeal hearing however it is commonly found that 48 hrs notice is just and equitable in most cases. 

What are the rights of the Colleague/Trade union rep in an Appeal Hearing scenario?

The Colleague or Trade Union Representative should be placed at no detriment by the Employer for undertaking this duty.

The Colleague or Trade Union Representative have the following rights in the meeting:

• They have the right to address the chairperson/attendees of the meeting.
• They have the right to make statements on the employee’s behalf.
• They have the right to confer with the Employee during the hearing.
• They have the right to view evidence and makes notes.

They do not have the right to:

• Speak on the employee’s behalf in a way that interferes with or stops the employer from explaining their case, or indeed prevents any other individual at the hearing from contributing.
• Answer questions specifically put to the Employee by the Chairperson

What is the role of the Employer’s minute/note taker?

It is advised that the Employer has a note taker present to take minutes of the Appeal Hearing and to act as a witness. It is very important that meeting notes are a true reflection of the conversation that has taken place and reflect what has been said in the meeting, rather than just an overview of the meeting. Ideally notes should be signed by all parties in attendance upon the conclusion of the meeting.

Can the meeting content be recorded with a recording device?

Yes, with the Employee’s knowledge and consent. A copy of the recording should be shared with the Employee after the meeting following request. It should be noted however that in the event of Tribunal action the employer will most likely still be required to provide a transcript of the recording.

What should be discussed in the Appeal Hearing? 

It would normally be expected that the Employee 

• Confirm to you why they feel the outcome was incorrect 
• Point out to you any flaws in the procedure which led to the original decision.
• Supply you with new evidence if they have it. 
• Listen to their employer’s point of view 
• Challenge the validity of the evidence 
• Point out further evidence that has been left out of the original decision 
• Point out any precedents they are aware of which the original decision maker did not take into account. 
• Point out discrepancy in outcome e.g. they were accused of the same matter of concern as another employee and that employee suffered lesser of no sanction. 

The following would normally be expected of the Chairperson 

• Make introductions of those present and confirm their respective roles 
• Explain the purpose of the hearing and their current understanding of the issues at hand 
• Ask the Employee to explain specifically point by point the reasons they are Appealing 
• Review new evidence, if there is any. 
• Summarise their understanding of the Employee’s points of appeal to ensure you have understand the employee’s reasons for appeal in full. 

 Note: It would not be advised the Appeal Chairperson gives their decision at the Appeal Hearing. 

How do I confirm an outcome to Appeal?

After the hearing, the Appeal Chairperson should thoroughly review all points raised by the individual from an unbiased perspective and consider any new evidence presented. The Chairperson needs to then decide if the original outcome was fair or whether they need to change the outcome.   

The chairperson may want to do the following:  

• Uphold the original decision 
• Uphold the Employee’s appeal and for example remove a disciplinary sanction or downgrade it
• The Appeal Chairperson is unhappy with the original procedural process taken and decides to recommend a re-hearing. 
• In a rare occurrence the Chairperson may want to issue a more severe sanction because the original decision was unduly lenient, for example an employee received a verbal warning for stealing. 

 The Appeal outcome should be formulated and sent in writing to the individual as soon as possible and the outcome letter should detail the reasons for the Chairpersons decision in full. The ACAS code of practice stipulates that the Appeal is the end of any formal process and Employee’s usually have no further right to Appeal unless there is an Employer specific policy indicating a further stage of Appeal.