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Disciplinary and Dismissal Appeals Policy

Policy Statement

{{org_field_name}} wishes to implement its requirements of standards of performance and conduct by its employees as fairly and consistently as possible. To further this aim, where an employee has received a formal written warning or has been dismissed in accordance with {{org_field_name}}’s disciplinary procedure, the appeals procedure will apply.

Procedure

1. An appeal against a written warning, or dismissal should be made within _ working days of receipt of the disciplinary or dismissal letter. An appeal may be considered outside this time limit if the employee has good reasons for the delay which were outside their control.
2. The appeal should be made in writing, stating the ground(s) on which the employee believes the disciplinary penalty should be reviewed.
3. The letter of appeal should be sent to _. The appeal hearing will normally be held within __ working days of receipt of the letter.
4. The appeal will normally be heard by a manager senior to the disciplining manager, who was not previously involved in the disciplinary procedure. In circumstances where this is not possible, alternative arrangements will be agreed upon with the employee and their companion.
5. An employee will have the right to be accompanied at the appeal hearing by a work colleague of their choice or a trade union official. A trade union official means a full-time official or a lay official certified by the union as having experience of, or having been trained in, acting as a companion at disciplinary hearings. It should be noted that neither spouse/partner nor solicitor are suitable companions.
6. A representative of management will be present at the appeal hearing to keep a record of proceedings.
7. The employee will be given full opportunity to state the ground(s) on which the appeal is made. Should there be any new evidence, the employee or their companion must be allowed to comment on it. The disciplining manager will have the opportunity to explain their decision to impose the given penalty. The manager conducting the appeal may exercise discretion as to whether or not the two parties will be present together or separately during the proceedings.
8. When all the evidence has been heard, the appeal hearing will be adjourned. The manager conducting the appeal will consider the merits of the appeal, in private, before reaching a decision.
9. The manager of the appeal hearing will, whenever possible, inform the employee orally of the decision reached, and the reasons for it. The decision will be confirmed in writing, no later than _ days after the hearing. If the decision is final, then this will be made clear to the employee.
10. The manager of an appeal hearing has the authority to quash or reduce a disciplinary penalty.
11. Employees should note that an appeal hearing is not intended to repeat the detailed investigation of the disciplinary hearing, but to focus on specific factors which the employee feels have received insufficient consideration, such as:
    a. an inconsistent, inappropriate or excessively harsh penalty
    b. extenuating circumstances
    c. bias of the disciplining manager
    d. unfairness in the conduct of the hearing
    e. new evidence subsequently coming to light.
12. Where an appeal against dismissal fails, the effective date of termination is the date on which the employee was originally dismissed.

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Responsible Person: {{org_field_registered_manager_first_name}} {{org_field_registered_manager_last_name}}

Reviewed on: {{last_update_date}}

Next review date: this policy is reviewed annually (every 12 months). When needed, this policy is also updated in response to changes in legislation, regulation, best practices, or organisational changes.

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