First check your Employment Contracts – If employers do not follow an appeals procedure that forms part of the contract of employment, it will be a breach of contract.
An employee can appeal against a disciplinary decision on both conduct and performance matters, but must do so in writing. They need to set out grounds for appeal within five working days.
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The appeal should be heard without delay and, where possible, by a manager more senior and not previously involved in the case. This is not always possible in a small business, so the same manager or owner may have to hear the appeal, but they need to be objective
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N.B. Employees have the statutory right to be accompanied at a Disciplinary Appeal Hearing by a trade union official or colleague
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If an employee fails to attend the Appeal Hearing, investigate the reasons and rearrange the Appeal Hearing where appropriate
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Write to the employee to tell them the outcome of the appeal and how the decision was reached
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To avoid risk of discrimination claims, apply the right of appeal consistently
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Keep a confidential written record of disciplinary cases
More can be seen here on the ACAS website.
If you have any further questions on the subject matter then please contact Karen Scott on 07762 629 448 or get in touch by clicking here.
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