Every employee subject to a disciplinary sanction — whether a written warning, final warning, or dismissal — must be given the right to appeal. This is a core requirement of the ACAS Code of Practice and a key element of procedural fairness. Failing to offer an appeal, or mishandling it, can turn an otherwise fair dismissal into an unfair one.
How the Appeal Process Works
1. The Employee Submits Their Appeal
The employee should set out their grounds for appeal in writing. Common grounds include:
- The disciplinary sanction is too severe for the offence
- New evidence has come to light
- The procedure was not followed correctly
- There were mitigating circumstances not properly considered
- Inconsistent treatment compared to similar cases
2. An Appeal Hearing Is Arranged
The appeal should be heard without unreasonable delay. The employee should be given reasonable notice of the hearing and reminded of their right to be accompanied by a trade union representative or workplace colleague.
3. Who Hears the Appeal
Ideally, the appeal should be heard by someone more senior who was not involved in the original decision. In smaller organisations where this is difficult, the appeal manager should at minimum not have been the original decision-maker or investigator.
4. The Appeal Hearing
The appeal can be conducted as either:
- A review — examining whether the original decision was reasonable based on the evidence
- A rehearing — a fresh consideration of all the evidence, including any new information
Either approach is acceptable, but the method should be consistent.
5. The Outcome
Possible outcomes include:
- Upholding the original decision
- Reducing the sanction (e.g., from dismissal to a final warning)
- Overturning the decision entirely
The outcome must be communicated in writing with reasons. There is no statutory right to a second appeal, though some employers offer this in their procedures.
Time Limits
There is no statutory time limit for submitting an appeal, but employers typically set a window of 5-10 working days in their disciplinary policy. This should be communicated clearly in the outcome letter.
If Dismissed Pending Appeal
Where an employee is dismissed and appeals, the dismissal takes effect immediately — but if the appeal is successful, the employee is reinstated with no break in continuity of service and back pay.
Managing disciplinary appeals correctly is critical. Our disciplinary and grievance service supports employers through every stage. Get help now.