Letter Rescheduling an Appeal Hearing

This Letter Rescheduling an Appeal Hearing should be used where either the employee asks to change the date of an appeal hearing or the employer needs to change it.

The letter includes optional clauses covering both situations.

Rescheduling a Disciplinary Appeal Hearing

This letter is used to confirm a revised date for an appeal hearing and to keep the appeal process on track where the original hearing date cannot be met.

It also reminds the employee that the appeal hearing may either overturn the decision made at the original disciplinary hearing or uphold it.

ACAS Code on Disciplinary Appeals

The ACAS code of practice on disciplinary and grievance procedures sets out the principles for handling disciplinary and grievance issues in the workplace.

Where the code applies, a tribunal that upholds an employee’s complaint and finds that either party unreasonably failed to comply with one or more of its requirements may adjust compensation by up to 25%, either upwards or downwards.

Who Should Hear an Appeal

According to the code, employees who have had disciplinary action taken against them should be allowed to appeal.

Where possible, the appeal should be heard by a senior manager who was not previously involved in the decision to dismiss the employee. In a small company where that is not possible, the manager dealing with the appeal should act as impartially as possible.

Right to Be Accompanied at an Appeal Hearing

Employees are entitled to be accompanied at any formal disciplinary hearing, including an appeal hearing, by a fellow worker, a trade union official, or a trade union representative certified by the union as competent to accompany the worker.

This letter reminds the employee of that entitlement.

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