Definition
A formal process by which an employee challenges the outcome of a disciplinary hearing. The ACAS Code of Practice requires that employees are offered the right to appeal, and failure to do so can render the process unfair.
UK Context
The ACAS Code of Practice requires that employees are given the right to appeal disciplinary decisions. Failure to offer an appeal can result in an uplift of up to 25% on tribunal compensation. The Employment Relations Act 1999 provides the right to be accompanied at the appeal hearing. Employment tribunals consider whether the appeal was a genuine and fair review.
Best Practices
- Set a reasonable deadline for appeal submissions — typically 5-10 working days from the original outcome
- Ensure the appeal is heard by someone independent of the original decision, ideally more senior
- Communicate the appeal outcome in writing promptly, confirming that the decision is final
- Document the entire appeal process thoroughly, including the hearing notes and the reasoning for the outcome
Frequently Asked Questions
How long does an employee have to lodge an appeal?
This depends on the employer's disciplinary policy. Most policies allow 5-10 working days from receipt of the outcome letter. The time limit should be clearly stated in the outcome letter. ACAS does not prescribe a specific time limit but expects it to be reasonable.
Can an appeal overturn a dismissal?
Yes. The appeal hearing can overturn the original decision entirely, reinstate the employee, or substitute a lesser sanction. The appeal manager should approach the hearing with an open mind and genuinely consider whether the original decision was fair and proportionate.
Is the appeal always the final stage?
In most employer policies, the appeal is the final internal stage. After the appeal, the employee's remaining options are external: early conciliation through ACAS and, if necessary, a claim to the employment tribunal (which must normally be brought within 3 months less 1 day of the effective date of the decision).