The right to appeal is a crucial component of any disciplinary and grievance procedure, allowing employees to challenge actions taken against them by their employer. When employees feel a decision was incorrect or unfair, they may initiate an appeal to have their case reviewed. The appeal process allows the case to be re-examined to assess whether the procedure was correctly followed and whether the outcome was fair.
Under ACAS guidelines, employees can raise an appeal under the following circumstances:
- They feel their disciplinary outcome is too severe.
- They think their grievance outcome was wrong.
- Any part of the disciplinary grievance procedure was incorrect or unfair.
- They believe they have been dismissed for an unfair reason.
- They have new evidence to present.
Why Does This Matter to Employers?
Guiding an employee through a disciplinary process is a task that many employers must navigate at some point. While the disciplinary procedure may be familiar, the importance of properly considering the appeals process is sometimes overlooked.
Following the outcome of a disciplinary process, it can be tempting to consider the matter settled, meaning that employers sometimes fail to carefully consider the employee’s right to appeal. However, employers should be mindful not to treat the appeals process as a mere formality. Failure to uphold an employee’s right to appeal could lead to employment tribunal claims, court hearings, and costly legal fees.
What Employers Need to Do
ACAS recommends that employees have five days from receiving their outcome to start the appeals process, or they forfeit the right to do so. Employers must inform employees of their right to appeal and the relevant timeframe.
Whenever possible, appeals should be addressed without unreasonable delay and handled impartially by someone who has not previously been involved in the case. Preferably, this individual should hold a more senior position than the chair of the disciplinary hearing and, if feasible, be outside of the employee’s direct chain of command.
The Appeal Structure
The process can be conducted either as a review or a rehearing:
Review | Rehearing |
The appeal officer examines whether the original process and decision were conducted appropriately. It is then decided whether the original decision was reasonable. | The appeal officer re-evaluates the issues from the beginning and makes an independent decision on the outcome. |
The type of process followed will depend on the employee’s grounds of appeal, such as whether they believe the original hearing to have been procedurally flawed. It is important to follow the appropriate process based on the appeal’s circumstances. If you need help identifying which process to follow, the team at Bhayani Law are happy to help.
There is no legal requirement to conduct an appeal process according to a specific structure, but it is recommended that hearings should be carried out in a discussion format. The appointed appeal officer should begin with introductions and an explanation of the roles of all those involved.
Employees have the right to be accompanied by an appropriate individual for support. The employee should be encouraged to elaborate on their reasons for bringing the appeal, so the appeal officer may build a clear understanding of the situation. To ensure fairness, any new evidence that arises during the course of the appeal should also be considered.
Once an outcome has been reached, the employee should be informed without unreasonable delay. Ideally, this should be done in person and followed up with written confirmation of the outcome. If the employee is still unhappy with the outcome, they have the option to raise a claim to an employment tribunal.
It is therefore in an employer’s best interest to ensure that proper procedure has been followed to reduce the risk of tribunal claims.
The Risks
Failing to conduct a suitable appeal process might mean that a tribunal finds the employee’s right to appeal was not upheld. The case of West Midlands Cooperative Society v Tipton established that a failure to uphold an employee’s right to appeal may constitute adequate grounds to justify a finding of unfair dismissal.
It is also important for the employer to comply with internal appeals policies to minimise the risk of a breach of contract. The case of Post Office v Strange highlighted that a failure to do this opens up the possibility for successful claims of constructive dismissal or unfair dismissal.
Beyond these risks, failing to follow an adequate appeals procedure also leaves employers vulnerable to:
- Reputational damage
- Low employee morale
- Legal costs
- Increased scrutiny from regulatory bodies
How Bhayani Law Can Help
When faced with an appeal, it can be difficult to understand how best to proceed. Bhayani Law’s dedicated team of HR Specialists and Employment Lawyers are on hand to help guide you through the process. If you have any questions or are looking for tailored advice, reach out to the team today on 0333 888 1360 or email us at [email protected].
Our expertise covers unfair dismissal, constructive dismissal, and all aspects of HR compliance to ensure that your business adheres to UK employment law while fostering a fair and professional workplace.
