Disciplinary Policy & Procedure

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Introduction
Procedure
Appeal
Recommended Disciplinary Format and Guidelines
Appeal Hearing
FAQ

Appeal 

IIf an employee who has been formally disciplined at any stage believes and can demonstrate that

either the level of disciplinary action taken, or the action itself, is unfair, or that the procedure has not been correctly followed, then the Appeal Procedure provides an opportunity to formally

raise this.

An employee who wishes to appeal against disciplinary action must inform the Manager (i.e. the person who handled the original disciplinary action) within 5 working days of the receipt of the disciplinary letter. This appeal must be made in writing (appendix 6) to the manager by the individual concerned, stating the ground(s) on which the appeal is based. The employee is responsible for ensuring that the Manager has received the appeal. The Manager must acknowledge receipt of the appeal immediately, in writing (appendix 7), and respond in full within 5 working days.

The employee is entitled to be heard personally at the appeal, and accompanied, if desired, by a Trade Union Representative (representative) or work colleague (witness). If appropriate, either side can call relevant witnesses. Any new evidence arising at the appeal is considered. Where new evidence arises during the appeal the employee should be given the opportunity to comment before any action is taken. It may be necessary to adjourn the hearing to consider the evidence.

The appeal may be dismissed, allowed in full (in which case the disciplinary penalty is retrospectively cancelled) or allowed in part by substituting a lesser penalty which could have been imposed at the original hearing. In exceptional circumstances where the manager hearing the appeal has a reasonable belief that the manager conducting the disciplinary either was not aware of all the relevant facts, or through lack of training did not take into account earlier precedent, they may increase the level of warning. In this event the increased warning is backdated to the issue of the original warning.

The appeal is heard by the next level of authority to the Manager who made the original decision, who has not previously been involved in the disciplinary procedure, and their decision is final. This decision is confirmed to the individual in writing by the Manager hearing the appeal (appendix 8). Copies of the notification are forwarded to the Line Manager, the manager who made the original decision and the HR Department

If an employee is dismissed from the Company and not required to work their notice period, the date the contract is terminated is the date of the dismissal hearing. If the employee appeals against the dismissal, and the appellant manager decides to over rule the decision to dismiss, then the employee will be reimbursed for any loss of wages/salary backdated to the dismissal date and their employment will be regarded as continuous.

Those present at an Appeal: Manager hearing the appeal

• Employee
• Employee's Representative (if requested)
• Human Resources Representative (mandatory)

The original disciplining manager may attend the appeal if deemed necessary by the Manager hearing the appeal although they will not be involved in the decision making process.