At the end of all disciplinary meetings that result in a warning, dismissal or alternative disciplinary action, the employee should be told of their right to appeal against the decision.
This Appeals sub-folder includes managers guidance notes on conducting appeal meetings, template letters to invite the employee to the meeting and confirm the outcome of the meeting and a typical agenda for an appeal meeting.
Dismissal and dispute appeals need to be dealt with caution to avoid allegations of disparity in the treatment of employees and minimising the risk of an action for unlawful discrimination, constructive dismissal or procedurally unfair dismissal.
Disciplinary Appeals
The Managers Guidance Notes cover:
- What Is The Right To Appeal?
- Contractual Appeals Processes
- Consistency of Treatment
- Good Practice for Disciplinary Appeals
- Reasons for Appealing
- The Right to be Accompanied
- Notifying the Employee
- Rescheduling the Appeal Hearing
- Rejecting a Late Appeal
- Impartiality And Fairness
- The Appeal Meeting
- The Decision
- Record-Keeping
- Top Tips
Letter Requesting Confirmation of Grounds for Appeal
The Checklist for Planning a Formal Disciplinary Hearing covers the points you must remember to ensure that disciplinary hearings are prepared for and conducted fairly.
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| Invitation to Appeal Meeting This Invitation to Appeal Meeting states the alleged misconduct and the time, date and location of the hearing; that the employee has the right to be accompanied, and will have an opportunity to discuss/challenge/explain the allegation. This Notice of Disciplinary Meeting letter complies with the ACAS Code of Practice. Before sending any Notice in respect of alleged misconduct the employer should identify whether a disciplinary rule has been breached, how the action detrimentally affects the business, and also carry out a thorough investigation into the alleged misconduct. This letter has an optional clause depending on whether or not a formal investigatory hearing was held before this meeting. If there are insufficient reasonable grounds to support the allegation(s), then the matter should be dropped and the employee advised accordingly. The employee is requested to confirm attendance or otherwise agree an alternative date/time for the hearing. If the outcome of the hearing is that the employee has failed to offer a satisfactory explanation for his/her misconduct then action taken by the employer will depend upon a number of factors, including (but not limited to) the seriousness of offence, the employees length of service, previous warnings, the company’s own rules etc. | Download now .... |
| Invitation to Rehearing This Invitation to Rehearing is designed to be used when an employee appeals because they feel there have been significant procedural failures. Where you feel their reasons have substance it would be advisable to hold a second disciplinary hearing rather than an appeal. This then prevents the employee from claiming at a tribunal that you have failed to follow your procedure or the ACAS Code of Practice. | Download now .... |
| Confirmation of Rearranged Hearing The Confirmation of Rearranged Hearing is designed to invite your employee to a second hearing because they failed to attend the first hearing or asked for the rearranged date because they or their companion could not attend the first suggested date. | Download now .... |
| Appeal Meeting Record The Acknowledgement of Improved Performance, is issued to the employee to confirm they have met your expectations and the warning will be disregarded on continuation of the Improved Performance. Should the employee's Performance not improve a Notice of Second Poor Performance Hearing should be sent to the employee. | Download now .... |
| Confirmation of Appeal Meeting Decision The Appeal Meeting Decision Letter is a simple notification of the decision made at the appeal meeting and it is used to inform the employee of that decision. The outcome of the appeal could be to either uphold or revoke the disciplinary decision or impose a different disciplinary action altogether. Where the employee was appealing against dismissal the outcome could be reinstatement to their role or a role at a lower level. It should be noted that the outcome of the appeal should be communicated to the employee in writing without unreasonable delay and should clearly state that it is the final stage of the internal disciplinary procedure. | Download now .... |
| Confirmation of Reinstatement Following Appeal Meeting The Confirmation of Reinstatement Letter is designed to confirm an employees appeal against dismissal has been successful. The letter confirms the date the employee is expected back at work, that the period from the date of dismissal to their return to work will be paid as normal and what review meetings or training etc will be put in place when they return to work. The outcome could be reinstatement to their role or a role at a lower level. If they are returning to role at a lower level you will need to include details of the new terms and conditions of employment. | Download now .... |
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