Preparing appeal grounds 


The Acas Code requires employees to let employers know their appeal grounds in writing. These should be clear and concise and should emphasise the strongest points — that is those most likely to change the outcome. 


It is important to meet the timescale for confirming that the member intends to appeal. This is often quite tight, typically just five working days. This is based on the Acas Guidance (not the Code), although it does say that the five-day deadline could be “extended in particular circumstances”. 


The Acas Code does not give any timescale for submitting appeal grounds, although there is a general obligation not to engage in “unreasonable delay” and to “deal with issues promptly”. Neither does it say how much detail is needed. In practice, the employer must deal with the appeal thoroughly and fairly even if grounds are not finalised until the last minute, although this could result in the appeal being adjourned to a later date. 


Especially if there is any suggestion of bias or other significant irregularity in the dismissal hearing, it is sensible to ask for the appeal to be a complete re-hearing of all the issues.


A disciplinary hearing is not a court of law, so there is nothing to stop reps introducing new evidence, witnesses or arguments at the appeal stage, although it is obviously much better to present the fullest possible case at the original dismissal hearing. 


It is vital that the member remains consistent and truthful throughout. 


If the employer introduces new evidence at the appeal stage, ask for an adjournment long enough to give the member a proper chance to review it and to respond. 


New information that only comes to light after the appeal has been ruled on is irrelevant to the fairness of an appeal decision upholding a decision to dismiss, unless the employer should have uncovered it in a fair investigation.