How should an appeal hearing be conducted?
The Acas Guidance summarises the core elements of an appeal hearing:
• like a dismissal hearing, the appeal hearing should start by introducing everyone and explaining why they are there;
• the purpose of the meeting should be explained, how it will be conducted and what powers the appeal panel have;
• the employee should be asked why s/he is 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 previous 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 consideration as to whether management training or rule clarification is needed;
• the result of the appeal 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.