Appeals

How to deal with appeals

An employee who has had disciplinary action taken against them should always be given the opportunity to appeal and you should ensure that all appeals are dealt with speedily.

The key elements in conducting an appeal are shown below.

 

Checklist for appeals procedure

You should have a separate appeals procedure that:

• Specifies a time limit within which the appeal should be lodged (five working days after disciplinary action is taken is recommended).
• Allows the appeal to be heard by somebody senior to whoever took the disciplinary decision and who was, ideally, not involved previously.
• Spells out what action may be taken by those hearing the appeal.
• Makes sure the employee is aware of their right to be accompanied.
• Allows the employee, or their companion, to comment, before any decision is made, on any new evidence that arises.

Failure to allow an appeal

Where an employer does not allow a right of appeal or fails to complete the statutory procedure the tribunal award can be increased.  Where an employee fails to complete the statutory procedure the tribunal award can be reduced.

Checklist for conducting an appeal meeting

At the appeal meeting you should:

• Introduce those present and explain their presence as necessary.
• Explain the purpose of the hearing, how it will be conducted and the level of authority held by those hearing the appeal.
• Ask the employee for their reasons for appealing against the disciplinary action.
• Pay particular attention to any new evidence introduced at the appeal.
• Allow the employee, or their companion, to comment on any new evidence before any decision is taken.
• Summarise the facts and call an adjournment before making a decision.
• Inform the employee of the result of the appeal and the reasons for the decision.
• Confirm the result and reason for the decision in writing to the employee.

Do not be afraid…

to overturn a previous decision if it was not soundly based. Such an action can help to reinforce the independent nature of an appeal rather than undermine your authority.

If a previous decision is overturned…

think about the implications for your organisation. Is some form of training required, for managers, to ensure their ability to make the correct decision? Do some of the rules need clarification?