LRD guides and handbook September 2015

Disciplinary and grievance procedures - a practical guide for trade union reps

Chapter 11

Appealing a grievance decision


[ch 11: page 77]

Many of the points in Chapter 10: Appeals are equally relevant to the case of appeals against the dismissal of grievances. Here is a summary of the key points to note:


• employees who are unhappy with the outcome of the grievance hearing should promptly lodge an appeal in writing. An unreasonable failure to appeal is a breach of the Acas Code, and could lead to a cut in compensation of up to 25% in any tribunal claim;


• the Acas Code recommends that the employee should be invited to an appeal hearing which must be convened without unreasonable delay; 


• the appeal must be heard by a manager who, unless it is not reasonably practicable, has not previously been involved; and 


• the employer should remind the employee of their right to be accompanied (see Chapter 8).


After the appeal hearing, the employer should write to the employee to tell them the decision and inform them of any further right to appeal. They should also be informed if it is the final stage of the grievance procedure.


The member may fear that discrimination has been involved in the handling of the grievance (even subconsciously). See Chapter 6: Raising discrimination. 


Sometimes grievances are raised mid-way through the disciplinary process. This is looked at in Chapter 7: Overlapping disciplinary and grievance procedures.