Appeal

Acas advice on managing discipline points out that an employee can appeal against a disciplinary decision on both conduct and performance matters, but must do so in writing. It says they need to set out grounds for appeal within five working days. The appeal should be heard without delay and, where possible, by a manager preferably more senior and not previously involved in the case. Acas recognises that this is not always possible in a small business, so the same manager or owner may have to hear the appeal, “but they must be objective”.

The 2018 attendance management procedure at the Department for Work and Pensions (DWP) allows one right of appeal against each decision to give a first or final written warning or to dismiss. The grounds, set out in writing, must indicate whether the appeal is against procedural errors and/or the decision (including new information that may change the outcome; or the level of compensation). Appeals must be heard by an appeal manager who is senior to the person who made the original decision.