Appeal Procedure
Here are our top 10 tips for Appeal Procedure – understanding the statutory right of appealing against an outcome.
1. Most procedures have a right of appeal.
Most formal employee relations procedures have a statutory right of appeal against their outcome, including disciplinary, capability, grievance and other dismissal procedures. As well as flexible working and time to train requests.
2. Independent review of decisions.
The basic principle behind every appeal procedure is that the right is to have the decision reviewed by someone independent and more senior than the person who made the original decision.
3. Choose the right person in your organisation to hear the appeal.
This can be problematic in small businesses with flat structures, but wherever possible you should keep the most senior person in the business free to hear appeals. Not having been involved in the preceding processes. Alternatively you could engage an external investigator to hear and investigate appeals, and report back to the company to make a final decision.
4. Appeals should be made in writing to the employer.
The expectation its that the grounds of appeal will be detailed in the appeal notice, but it is not essential. The grounds of appeal can be presented in full at the appeal hearing.
5. There should be no undue delay.
Appeals should be acknowledged and a meeting arranged without delay, usually within five days of receipt of the appeal notice confirming the date, time and venue of the meeting along with the identity of the appeal chairperson.
6. Employees have the right to be accompanied.
They can be accompanied at any grievance hearing by a work colleague, trade union representative or official. This is a statutory right, even if you do not have a trade union recognition agreement. If their chosen companion cannot attend on the date and time scheduled they have the right to reschedule within five days of the date arranged to enable them to secure an appropriate companion.
7. The appeal chair must make the decisions.
Like grievances, the appeal chairperson must hear, investigate and respond to the appeal formally in writing. Therefore, they must have the skills, competence and time to do so effectively.
8. Understand the purpose of the appeal.
The purpose of the appeal meeting is to consider the grounds of appeal presented, understand the basis of their case to overturn the decision, and then to investigate to establish the relevant facts and respond formally in writing.
9. And understand what is expected of the chairperson.
The investigation may involve reviewing the previous case file, interviewing the investigator, and previous chairpersons. as well as other related or interested parties.
10. Confirm your decision in writing.
This might be that the appeal is upheld, meaning the evidence supports their case for the previous decision to be reviewed or overturned.
Or that it is not upheld, meaning the evidence down not support their case.
Or it might be a hybrid, meaning further actions might be required, such as a rehearing of the original case.
BONUS TIP!
Sanctions can be reviewed as part of an appeal process.
For example, increased to a higher level. If this is the case, however, a further right of appeal should be given.
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