Disciplinary Appeals

The appeal is your opportunity to have a disciplinary decision reviewed by someone more senior and independent.

Right to Appeal

ACAS Code Requirement

The ACAS Code of Practice states:

"Where an employee feels that disciplinary action taken against them is wrong or unjust they should appeal against the decision."

Employers must offer the right to appeal.

Consequences of Not Offering Appeal

If employer doesn't offer appeal:

• May make dismissal automatically unfair
• Tribunal can increase compensation by up to 25%
• Shows procedural failure

Grounds for Appeal

Common Appeal Grounds

Ground	Argument
Factual	"The facts are wrong - I didn't do it"
Procedural	"The process wasn't followed properly"
Disproportionate	"The sanction is too harsh"
Inconsistent	"Others did same thing and got less"
New evidence	"There's evidence that wasn't considered"
Bias	"The decision-maker was prejudiced"
Mitigating factors	"My circumstances weren't properly considered"

Being Specific

Your appeal should clearly state:

• What you're appealing (decision, sanction, or both)
• Why you think it's wrong
• What evidence supports your case
• What outcome you want

Appeal Process

Submitting Your Appeal

Usually requires:

• Written appeal letter
• Within deadline (typically 5-10 days)
• To specified person/address
• Stating grounds clearly

Appeal Meeting

You have the right to:

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

Who Hears the Appeal?

Must be:

• Different person from original decision-maker
• More senior (where possible)
• Impartial - no involvement in original case

Types of Appeal

Full Rehearing

• Hears the case from scratch
• Considers all evidence afresh
• May call witnesses again
• Can reach different view on facts
• As if original hearing hadn't happened

Review

• Reviews the original decision
• Checks for procedural errors
• Considers whether decision was reasonable
• Less likely to overturn facts
• Focuses on process and proportionality

Which Type?

Most common: a review with ability to reconsider evidence if needed.

Full rehearing more appropriate for:

• Serious sanctions (dismissal)
• Complex factual disputes
• Allegations of bias

Possible Outcomes

Appeal Dismissed

• Original decision upheld
• Sanction remains in place
• Appeal process exhausted

Appeal Partially Allowed

• Sanction reduced
• E.g., final warning becomes first written
• Original decision stands but consequence reduced

Appeal Allowed

• Decision overturned
• No sanction applied
• Warning removed from record
• If dismissal, employee reinstated

Decision Substituted

• Original finding stands
• But different sanction applied
• E.g., dismissal changed to final warning

Writing Your Appeal Letter

What to Include

1. Clear statement that you're appealing
2. Date of original decision
3. Grounds for appeal (be specific)
4. Your evidence or arguments
5. What you want as outcome
6. Supporting documents if any

Example Structure

"I am writing to appeal against the [sanction] issued on [date] for [allegation].

My grounds for appeal are:

1. [Ground one with explanation]
2. [Ground two with explanation]

I believe the sanction should be [your preferred outcome] because [reasons].

I attach [any supporting evidence]."

Preparing for Appeal Meeting

Before the Meeting

• Review all evidence again
• Prepare your arguments
• Anticipate counter-arguments
• Gather any new evidence
• Brief your companion
• Prepare questions

At the Meeting

• Present your grounds clearly
• Stay calm and professional
• Address each ground systematically
• Listen to employer's response
• Ask for clarification if needed
• Use companion effectively

After the Appeal

Receiving the Outcome

• Usually confirmed in writing
• Should explain decision and reasoning
• Should confirm process is exhausted
• May include any right to further review

If Appeal Succeeds

• Original decision overturned or modified
• Sanction removed or reduced
• Any dismissal reversed
• Consider workplace relationships going forward

If Appeal Fails

Options:

Option	Considerations
Accept decision	Move on, focus on improvement
Tribunal claim	If dismissal was unfair
Grievance	If separate issues (e.g., discrimination)
Settlement	Negotiate exit if relationship damaged

Tribunal Time Limits

Critical Warning

If appealing dismissal:

• Tribunal time limit runs from dismissal date
• NOT from appeal outcome date
• You have 3 months less 1 day
• Start ACAS conciliation even while appealing
• Don't run out of time waiting for appeal

ACAS Early Conciliation

• Required before tribunal claim
• "Stops the clock" on time limits
• Do it as soon as practical
• Don't wait for appeal outcome

Employer Responsibilities

Must Do

• Offer right to appeal
• Provide clear deadline and process
• Arrange appeal meeting promptly
• Appoint different, senior manager
• Allow employee to be accompanied
• Confirm outcome in writing

Fair Appeal Process

• Consider all grounds raised
• Look at evidence fairly
• Don't rubber-stamp original decision
• Be willing to change outcome if warranted
• Document the process

Common Mistakes

Employee Mistakes

• Missing the deadline
• Vague grounds ("it's unfair")
• Not attending appeal meeting
• Getting emotional or aggressive
• Not providing evidence
• Not using companion effectively

Employer Mistakes

• Same person hears appeal
• Not genuinely considering the appeal
• Predetermined outcome
• Increasing sanction without good reason
• Not giving reasons for decision
• Unreasonable delay

Tips for Success

Make It Count

1. Be timely - submit within deadline
2. Be specific - clear grounds with evidence
3. Be professional - calm and factual
4. Be prepared - know your case thoroughly
5. Be realistic - understand likely outcomes
6. Get support - use your companion and consider legal advice