Appeals policy

Policy overview

We consider all appeals fairly and consistently. We do this in line with good practice guidance. This guidance is provided by ACAS (Advisory, Conciliation and Arbitration Service).

We are committed to identifying and addressing concerns early. We aim to use preventive action at the earliest opportunity. We will identify sources of internal and external support for all employees.  

Employees can make a formal appeal if unhappy with the outcome of formal action.

Principles 

This policy applies to: 

  • appeals against formal disciplinary sanctions short of dismissal 
  • appeals against dismissal under any policy, including but not limited to:  
    • disciplinary 
    • capability 
    • sickness absence 
    • redundancy 
    • end of a fixed-term contract 
    • and dismissals for some other substantial reason 

This policy does not apply to where there are specific appeal provisions in the relevant policy including:

  • pay
  • flexible working
  • grievances
  • dismissal due to unsuccessful completion of probation

If an employee registers an appeal, they will not suffer any detriment. If this occurs, those responsible may be subject to disciplinary action.

Appeal hearings are not re-hearings of the original case. The purpose of the appeal is to determine whether the original decision was a reasonable outcome. The facts and evidence presented will be the basis of whether it was a fair decision.

Appeals will not usually involve recalling witnesses. We will only recall witnesses by exception. For example, a point of fact needs clarifying or explaining. Any proposal to recall a witness will be discussed with the HR representative.

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Any related managers toolkits, letters and forms for this policy are available on Lincs2Learn.

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