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Employees have the right to appeal against an employer’s decision in a number of situations, including; dismissal, disciplinary or performance warnings, grievances, flexible working requests and requests to continue working past retirement age.
Employees should be informed of their right to appeal at the same time that they are informed of the outcome of the meeting. The appeal should be heard by someone not involved in the original decision and ideally by an individual at a higher level in the organisation.
Although there is no specific legal timescale in which to make an appeal, most organisations adhere to the ACAS Code of Practice on Disciplinary and Grievance procedures, which recommends 5 days as a minimum.
The appeal is an opportunity to rectify any procedural mistakes that may have occurred and to consider the facts and/or evidence of the case again. Viewed from a commercial perspective, it is also a final opportunity for the organisation to ensure that they are in the best possible position to reduce the risk they may face if the employee chooses to make a Tribunal Claim.
Do people in their probationary period have the right to appeal against a decision to dismiss?
Yes, under the 2009 Acas Code of Practice on Disciplinary and Grievance Procedures it is recommended that all employees have the right to appeal.
We have run out of Managers who have not been involved in a particular disciplinary process to date. The employee in question wants to appeal against the decision, who should we get to hear the appeal now?
Although it is important that the person hearing the appeal has not been involved in the initial decision to take disciplinary action it may be difficult to find someone who has not taken part in this decision. Some organisations use third parties to hear appeals (e.g. a local industrial relations practitioner or personnel manager from another company) although such a person must be acceptable to both sides and should be familiar enough with the organisation to make sensible decisions.
I have had to listen to an appeal and do not agree with the decision made by the original Manager. What can I do?
You do have the right to overturn the decision made if you think that it will be in the interest of the Company. We would advise that you discuss your reasons with the Line Manager that undertook the first stage, so that they are clear on your reasons and to ensure that the working relationship remains on a 'good note'.
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