LRD guides and handbook June 2018

Disciplinary and grievance procedures - a guide for union reps

Chapter 10

Appeal hearings

[ch 10: pages 71-72]

The Acas Guidance summarises the core elements of an appeal hearing:

• the hearing should start by introducing everyone and explaining why they are there;

• the purpose of the hearing should be explained, how it will be conducted and what powers the appeal panel have;

• the employee should be asked why they are appealing;

• particular attention should be paid to any new evidence, making sure the employee has the chance to comment on it;

• the relevant issues should be thoroughly explored and the facts summarised, and the meeting adjourned to make a decision;

• an unsound decision should be overturned. The Acas Guidance emphasises that overturning a decision does not undermine authority but instead emphasises that appeals are genuinely independent. Where a decision is overturned, Acas suggests considering whether management training or rule clarification is needed;

• the outcome should be communicated to the employee and confirmed in writing, with reasons, making it clear, if it is the case (it usually is) that the decision is final.