How to handle a disciplinary appeal

The employee must be given the right to appeal any formal disciplinary decision. Your disciplinary procedure should specify the deadline for appeals — ACAS recommends 5 working days from receipt of the decision letter. Acknowledge receipt of the appeal in writing promptly.

The appeal must be heard by someone more senior than the original hearing chair who was not involved in the original decision. In small businesses where this is not possible, document the reasons. The appeal chair should approach the appeal with an open mind — their role is to review the original decision, not to rubber-stamp it.

Write to the employee inviting them to the appeal hearing. The letter should confirm: the date, time and location; their right to be accompanied; and that the appeal will consider the grounds of appeal they have raised. Give reasonable notice — at least 48 hours for straightforward cases.

Review the grounds of appeal carefully before the hearing. Common grounds include: the procedure was not followed correctly; the evidence did not support the finding; the sanction was disproportionate; new evidence has come to light; or the employee was treated inconsistently with others. The appeal should focus on the specific grounds raised.

Open the hearing by confirming the grounds of appeal. Give the employee a full opportunity to explain why they believe the original decision was wrong. Review the original evidence and any new evidence. Ask questions to test both the original decision and the employee's grounds of appeal. Adjourn to make a decision.

The appeal can result in: the original decision being upheld; the original decision being varied (e.g. reducing a final written warning to a written warning); or the original decision being overturned entirely. The appeal chair has full authority to change the decision. If overturning a dismissal, consider back pay for the period of dismissal.

Inform the employee of the outcome verbally at the end of the hearing, then confirm in writing. The appeal decision is final — there is no further internal right of appeal. Inform the employee of this in the letter. The appeal outcome letter should explain the reasoning for the decision.