Definition
A formal meeting at which an employee challenges the outcome of a disciplinary or grievance process. The right to appeal is a fundamental requirement of a fair procedure under the ACAS Code of Practice.
UK Context
The right to appeal is a key requirement of the ACAS Code of Practice. Employment tribunals will consider whether an appeal was offered and whether it was a genuine review. The Employment Relations Act 1999 gives employees the right to be accompanied at appeal hearings by a trade union representative or work colleague.
Best Practices
- Ensure the appeal is heard by someone senior who was not involved in the original decision
- Clarify in your policy whether appeals are full re-hearings or reviews of the original decision
- Give employees a reasonable deadline to submit their appeal — typically 5-10 working days
- Communicate the appeal outcome in writing promptly, confirming it is the final stage of the process
Frequently Asked Questions
Is the right to appeal a legal requirement?
While not a strict statutory requirement in all cases, the ACAS Code of Practice makes clear that employees should be given the right to appeal. Failure to offer an appeal can render a dismissal unfair and may result in an uplift of up to 25% on tribunal compensation.
Who should hear the appeal?
The appeal should be heard by someone who was not involved in the original decision, ideally a more senior manager. In small organisations, an external HR consultant or independent panel member may be used to ensure impartiality.
Can an appeal result in a harsher sanction?
In principle, an appeal could result in a harsher sanction if the appeal hearing uncovers additional evidence. However, this is unusual and potentially risky for the employer. Most policies limit the appeal to upholding, overturning, or reducing the original sanction.