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How to handle appeals of disciplinary decisions
A fair disciplinary procedure rests on several essential ingredients: inform the employee of the issue, hold a disciplinary hearing, allow them to be accompanied, let them respond to the allegations and, importantly, give them the chance to appeal.
Unfortunately, employers often skip out on the appeal stage, which can prove to be a costly oversight.
Indeed, the right to appeal is a key part of the disciplinary process, as it acts as a safety net against potential mistakes or biases that may have occurred. It therefore helps to uphold fairness and protect your organisation from claims of unfair dismissal.
Here’s what you need to know.
How to handle disciplinary appeals
An employee who has formal disciplinary action taken against them, whether this be a warning, dismissal or some other form or permitted sanction, should be given an opportunity to appeal.
If the employee believes that the decision you have made is unfair or unreasonable, they should inform you, in writing, that they are appealing the decision and provide you with the exact reasons why.
The grounds for appeal may be wide-ranging. For example, the employee may argue:
- That new evidence has emerged;
- That the sanction imposed on them was disproportionate to the misconduct committed; or
- That you acted differently in similar cases committed by other employees in the past.
In your disciplinary rules, it is suggested that you specify a deadline for bringing an appeal; for example, employees must appeal within five to 10 working days from being informed of the disciplinary sanction.
If you receive an appeal from an employee, you should:
- Make sure it is handled without unreasonable delay; and
- Set a date for the hearing and remind the employee of their right to be accompanied by a colleague or trade union representative.
Ideally, the person responsible for the appeal should be someone who:
- Has not been involved in any of the previous stages (i.e. the investigation or the disciplinary hearing); and
- Is more senior to the person who made the decision that is being appealed. If your organisation is very small, contact WorkNest to discuss your best options.
There are two types of appeal hearings. The appeal may be either:
- A review of the decision that has been made; or
- A complete rehearing.
The format of the appeal will depend on the grounds for the appeal.
Remember, as frustrated as you may be at having to carry out an appeal, it should not be used as a way to punish the employee or increase their sanction.
Once the appeal has concluded, you should:
- Inform the employee of the decision in writing; and
- Make it clear to them that this decision is final.
Do you need support?
Speak to us for an honest, no obligation chat on:
0345 226 8393 Lines are open 9am – 5pm
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Deal with disciplinaries confidently with WorkNest
Concerned about potential claims of unfair dismissal due to mishandled disciplinary procedures? Don’t put your organisation at unnecessary risk.
WorkNest’s Employment Law and HR experts are here to guide you through each stage of the disciplinary process efficiently and compliantly and can help you to overcome any obstacles you encounter along the way.
In the event of an appeal, our skilled advisers will help you to ensure fairness and can advise on settling deadlines, conducting hearings, and making unbiased decisions.
For pragmatic, professional support, contact our team today on 0345 226 8393 or request your free consultation using the button below.
