Rescheduling an Appeal Hearing

Letter Rescheduling an Appeal Hearing

EMP.DS.05.12

This Letter Rescheduling an Appeal Hearing should be used when either an employee requests to change the date of an appeal hearing or the employer needs to change the date of the appeal hearing. There are optional clauses in this letter covering both alternatives.

The "ACAS code of practice on disciplinary and grievance procedures" sets out the principles for handling disciplinary and grievance situations in the workplace. A tribunal that upholds a complaint by an employee in a situation where the code is relevant and finds that either side unreasonably failed to comply with one or more of its requirements can adjust compensation by up to 25%, either upwards or downwards.

According to the code, employees who have had disciplinary action taken against them should be allowed to appeal. Where possible, an appeal should be heard by a senior manager not previously involved in the decision to dismiss the employee. In small companies where this is not possible, the manager dealing with the appeal should act as impartially as possible.

Employees are entitled to be accompanied at any formal disciplinary hearing, including an appeal hearing, by either a fellow worker, a trade union official or a trade union representative (who has been certified by the union as being competent to accompany the worker) of their choice. The letter reminds the employee of this entitlement.

The Letter Rescheduling an Appeal Hearing reminds the employee that the appeal hearing has the power to overturn the decisions made in the original disciplinary hearing or uphold the original decisions.

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