The right of appeal
An employee who has been issued with a warning, under the provisions of the Disciplinary Procedure, or dismissed should be given the right to an appeal if they think they have been treated unfairly.
Equally, if an employee has raised a grievance and is unsatisfied with the outcome of the grievance, they should be given the opportunity to appeal against the outcome.
An appeal should state the reasons why the employee disagrees with the decision that has been made.
To ensure a fair appeal process is followed, the appeal should be heard by a senior manager. If possible, they should be someone uninvolved in the original hearing and who has the authority to overturn the decision that has been made.
Any procedural defects in the first hearing should be remedied by holding a complete re-hearing on appeal.
If the employee is still unhappy after the appeal he/she may have the right to apply to an Employment Tribunal.
Further information
- The Acas Code of Practice on Disciplinary and Grievance Procedures provides further guidance.
- Business Link
- Directgov
Reviewed and updated by the HR Services Partnership – April 2010.
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