Thread: Appeal Hearing

Hi there, I can understand your apprehension at facing an appeal hearing. However, without having any details of your case it's difficult for me to comment in depth. I'm assuming you know that you can be accompanied at the hearing by a colleague or union representative, and it is important that you do take someone with you if at all possible.

Prepare notes about each point you wish to discuss with your reasons for disputing them, include any supporting evidence - witness statements or legislation which will help your case. Keep calm and avoid raising your voice to make a point.

If you feel able to give more information about your case, we may be able to offer more advice to support your case.

You might find the following information useful - taken from the ACAS website (Acas - Home)


The Right to Appeal
The opportunity to appeal against a disciplinary decision is essential to natural justice, and appeals may be raised by employees on various grounds, for instance new evidence, undue severity or inconsistency of the penalty. Defects in the original disciplinary procedure may often be remedied through a properly held appeal. An appeal must never be used as an opportunity to punish the employee for appealing the original decision, and good practice is that it should not result in any increase in penalty as this may deter individuals from appealing.

How should an appeal hearing be conducted?

Before the appeal ensure that the individual knows when and where it is to be held, and of their statutory right to be accompanied (see Section 3 of the Code of Practice - Disciplinary and grievance procedures [327kb] and Part 3- The right to be accompanied. Checklist for the right of accompaniment ). Make sure the relevant records and notes of the original meeting are available for all concerned.At the meeting

• introduce those present to each other, explaining their presence as necessary

• explain the purpose of the meeting, how it will be conducted, and the powers the person/people hearing the appeal have

• ask the employee why he or she is appealing against the discipline

• pay particular attention to any new evidence that has been introduced, and ensure the employee has the opportunity to comment on it

• once the relevant issues have been thoroughly explored, summarise the facts and call an adjournment to consider the decision

• do not be afraid to overturn a previous decision if it becomes apparent that it was not soundly based – such action does not undermine authority but rather makes clear the independent nature of the appeal. If the decision is overturned does this mean training for managers needs to be improved, do rules need clarification, or are there other implications to be considered?

• inform the employee of the results of the appeal and the reasons for the decision and confirm it in writing. Make it clear, if this is the case, that this decision is final.

Kind Regards

Ell-enn