Managing Discipline – The Appeal

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Managing Discipline – The Hearing

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When can an employee appeal?

An employee has the right to appeal the decision made against them at the disciplinary hearing.  This is on the grounds that:

• They find the punishment to have been too severe
• New / relevant information has come to light
• They feel they were disadvantaged because the process was not followed correctly

Any other reason will not be accepted.

Please note that the appeal is not an opportunity for the re-hearing of a case.

Who hears the appeal?

Appeals are heard by Head of Service level or above.  Alternatively, an employee can appeal via Committee.   Please note that this guidance is for appeals to Chief Officers, there is a separate process for appeals via Committee. 

1. Arranging the appeal hearing

In attendance at the hearing will be the Chair of the Appeal Hearing and any minute taker (if required).  Also in attendance should be the Chair of the original disciplinary hearing, a People and Organisation Adviser, the employee and their representation. 

To invite the employee, please complete the below template letter:

Invite to appeal hearing letter

People and Organisation should be advised at the earliest opportunity so that an Adviser can be allocated.

It is the responsibility of the Chair to invite everybody to the meeting and to arrange a suitable location.

2. The Appeal Hearing

The employee will be given a chance to state their grounds for appeal and the Chair of the original hearing will have an opportunity to respond to this.  There is an opportunity for further questioning and both sides and they are both offered the chance to give a closing statement. 

For further information on chairing an appeal hearing, please find some guidance below:

Disciplinary Appeal Hearing Guidance

3. Making your decision

Once you are satisfied that you have enough information to make a decision, you can decide to uphold, partially uphold or not uphold the employee’s appeal.  If you are upholding or partially upholding, you can remove or reduce any sanctions put in place after their original hearing.

You will need to write to the employee with your decision and the template letter below will help you with this:

Outcome of Appeal hearing letter

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