Rescheduling an Appeal Hearing
Letter Rescheduling an Appeal Hearing
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.