Procedure for an appeal hearing?

[just a number]

I have an appeal hearing this week and am in dispute regarding its procedure

 

I have asked for the appeal giving reason for appeal etc.

 

I received a letter stating that procedures will be as follows:-

 

 

1. I am to present reasons why appeal raised.

2. Management to question me (if necessary)

3. Appeal chair and HR Adviser to question me (if necessary)

4. The manager who conducted the formal stage to respond to issues raised.

5. Me to question the manager who conducted the formal stage on his response (if necessary)

6. The appeal chair and HR Adviser to question the manager who conducted the formal stage on his response (if necessary).

7. If necessary, I and the manager who condfucted the formal stage to summarise their respective cases (without including any new information).

8. The appeal chair and HR Adviser to adjourn the grievance appeal hearing and reach a decision.

I have responded to state that this is not in line with grievance procedures and that the appeal should be with a more senior manager who has the ability to change the decision. A HR advisor who takes notes and myself. I argued that the manager who held the formal stage has documented his decision and what he based his decision upon. He therefore should not be present.

 

Furthermore I have stated that an appeal hearing is not the place for questioning between the formal stage manager and myself. Also it is not a place for any interrogation.

Also they were outside the timeframe set down within the policy.

 

The response was:-

“In response to the points you have raised:

Regarding the date of the appeal, your appeal was received on Monday 18th May and you requested that the appeal be dealt with at Corporate level, as you can appreciate, finding diary time with the appropriate level of manager (ie Assistant Director) within the timescales given does take some coordination, I did apologise in my letter that I had not been able to meet the 7 day deadline. I note your comments re setting a date by mutual agreement should it be necessary to go over the 7 days and should we be in this situation again will do this but was keen that I got the appeal in as soon as I could without any unnecessary delay.

At appeal hearings it is necessary to have the manager who made the decision present to be able to answer questions about how he came to that decision; these questions are from both the panel and from your rep and you. The panel are independent and the Chair is someone who has the authority to review and change the original decision; I can assure you that there is no intention for anyone to be interrogated but for a hearing to be fair, each party should have the opportunity to put their case in order that the Chair can understand both parties points of view.

You are requesting copies of any minutes taken/meeting records, I will need to speak to my colleague who was the adviser at the original hearing, however as your rep requested this to take place in your absence there will not be any formal minutes as such.”

Can they insist that the manager who has already made his decision and documented his reasons be present at the appeal?

Can they follow the procedures of XX questions XX etc.

Can they introduce new evidence which was not documented for the formal stage?

 

[just a number]

Hearing tomorrow, any thoughts?

 

They are still insisting that the manager who dealt with the formal stage be present at the appeal

[Guest Old_andrew2018]

Send a PM with a link to your thread to some members with HR expertise I suggest Sidewinder, elche, or Ell-enn, actually send one to each asking for advice.

 

Andy

[just a number]

Thanks andy, i have sent PM

[elche]

Hi Just a Number

 

Sorry didn't get to this yesterday. I assume that the appeal was today? How did it go?

 

Che