Appeals procedure

If employees are subject to disciplinary action which they consider to be unfair, then they have the right to appeal to the next level of management where appropriate. The Acas Code of Practice states that it should be heard by a manager who has not previously been involved in the case where practicable.

To start an appeal employees must confirm their intention in writing to the designated person within five working days of receiving the written notification of the outcome of the disciplinary hearing.

Internal witnesses may be called either at the company’s or the employee’s request. Employees should notify the company of their wish to call a witness when they confirm their intention to appeal.

At each stage of the appeal procedure the company should try to undertake the hearing within five working days of receipt of any written confirmation. If working conditions make this impracticable, then each stage should be heard as soon as is practicable.

As with the disciplinary hearing, the employee has the statutory right to be accompanied at the appeal hearing. Employees should be informed as soon as possible of the decision. This can be done orally but should be followed up in writing.