Appeal Against Dismissal

Appealing a dismissal is an important right that can overturn the decision or demonstrate you've exhausted internal procedures before going to tribunal.

Right to Appeal

ACAS Code Requirement

The ACAS Code of Practice states employers must offer a right of appeal against dismissal.

Failure to offer an appeal:

• May make dismissal unfair
• Can increase tribunal compensation by up to 25%
• Shows procedural failure

Company Policy

Most company policies specify:

• Who to appeal to
• Time limit for appealing
• How to submit appeal
• Appeal process

Grounds for Appeal

Common Appeal Grounds

Ground	Argument
Factual dispute	"The facts are wrong - I didn't do what's alleged"
Procedural failure	"The process wasn't followed properly"
Disproportionate	"Dismissal is too harsh for what happened"
Inconsistent	"Others did the same and weren't dismissed"
New evidence	"There's evidence that wasn't considered"
Mitigating factors	"My circumstances weren't properly considered"

Preparing Your Appeal

Be specific about:

• What you're appealing (the decision, the sanction, or both)
• Why you think the decision is wrong
• What evidence supports your case
• What outcome you're seeking

Submitting the Appeal

Appeal Letter

Include:

• Clear statement that you're appealing
• Date of original decision
• Your grounds for appeal
• Any new evidence
• Requested outcome

Time Limits

Typically 5-10 working days from receiving dismissal letter. Check your:

• Dismissal outcome letter
• Disciplinary/dismissal policy
• Employment contract

What Happens If You're Late?

Employer may still accept late appeal if:

• Good reason for delay
• Not excessively late
• No prejudice to employer

But don't rely on this - submit in time.

Appeal Process

Who Hears the Appeal?

• Must be different person from original decision-maker
• Should be more senior (where possible)
• Must be impartial

Types of Appeal

Full Rehearing:

• Hears case from scratch
• Considers all evidence afresh
• May call witnesses again
• Can reach different view on facts

Review:

• Reviews original decision
• Checks for procedural errors
• Considers whether decision was reasonable
• Less likely to overturn on facts

Appeal Meeting

You have the right to:

• Attend in person
• Be accompanied by colleague or trade union rep
• Present your case
• Respond to any points raised
• Provide new evidence

Postponing the Appeal

You can request postponement if:

• Companion unavailable (one postponement right)
• New evidence needs gathering
• Genuine illness prevents attendance

Possible Outcomes

Appeal Dismissed

• Original decision upheld
• Dismissal stands
• This exhausts internal process

Appeal Allowed (Full)

• Decision overturned
• You're reinstated
• Dismissal treated as if it never happened
• Back pay for period of dismissal

Appeal Partially Allowed

• Dismissal replaced with lesser sanction
• E.g., final written warning instead
• May be reinstated with warning on record

Sanction Reduced

• Appeal against severity allowed
• Dismissal converted to resignation
• Or notice period extended
• Or compensation offered

During the Appeal Period

Employment Status

Once dismissed, employment has ended. However:

• Some employers keep employee "on the books" pending appeal
• Others treat dismissal as final from original date
• Check company policy

Benefits

Usually:

• No pay during appeal (unless policy says otherwise)
• No accrual of holiday
• No continuation of benefits

If appeal succeeds:

• Back pay restored
• Benefits treated as continuing
• Continuity preserved

After the Appeal

If Appeal Fails

Options include:

• Accept the decision
• Make a tribunal claim
• Negotiate a settlement

Time Limits for Tribunal

• 3 months less 1 day from original dismissal date (not appeal outcome)
• Must start ACAS early conciliation within this time
• Don't wait for appeal before contacting ACAS

If Appeal Succeeds

• Return to work as agreed
• Address any practical issues
• Consider relationship going forward

Appeal Tips

Do

• Appeal promptly within deadline
• Be specific about grounds
• Provide evidence for claims
• Remain professional
• Bring companion for support
• Take notes at meeting

Don't

• Make personal attacks
• Raise unrelated grievances
• Refuse to engage
• Be aggressive or threatening
• Assume tribunal is better option

Relationship to Tribunal Claims

Exhausting Internal Procedures

• You don't have to appeal before tribunal
• But failing to use internal appeal may reduce compensation
• Shows you tried to resolve internally

Timeline Consideration

Appeal process doesn't extend tribunal time limit:

• Time runs from effective date of dismissal
• Start ACAS conciliation even while appealing
• Don't run out of time waiting for appeal

Evidence from Appeal

Appeal documents may be used in tribunal:

• Appeal letter states your position
• Notes from appeal meeting
• Employer's response to your points