Appeal process
The statutory officer may appeal against a disciplinary sanction. The statutory officer must confirm in writing within 10 working days of receipt of written confirmation of the decision. Any appeal is made to the head of HR and is heard by the disciplinary appeals sub-committee.
Receipt of a letter is deemed to have taken place two days after posting if sent by first class post.
The statutory officer must outline one or more of the following reasons upon which they seek to appeal and provide evidence. The reasons for appeal may include:
- there was a defect in the procedure
- not all evidence was considered
- the dismissal sanction was too severe
- new evidence has come to light since the last hearing
We may consider new evidence in the appeal hearing. The statutory officer must include it in the documents submitted before the hearing. The disciplinary appeals sub-committee may agree to admit late new evidence.
Where new evidence is to be submitted, the employee should state clearly:
- what the evidence is
- why it is believed that it would alter the original decision
- why it was not included at the previous hearing
If the appeal relates to a defect in the original hearing process or procedure, the head of HR may advise that a re-hearing is held in place of the appeal hearing. If this is the case, the meeting will follow the original hearing procedure. They will invite all parties and witnesses. The panel and possible outcomes will be consistent with the appeal hearing procedure.
We will arrange for an independent adviser to advise the disciplinary appeals sub-committee at the hearing. This may be the head of HR or a representative from legal services.
The monitoring officer (or deputy as appropriate) will arrange for a written record of the hearing. This may be an audio recording and transcribed into a paper record.
The procedure for the disciplinary appeals sub-committee is:
- the chair of the disciplinary appeals sub-committee will explain the purpose of the hearing and procedure
- the statutory officer presents their case based on the grounds specified when submitting the appeal
- the chair of the appointments committee and the designated independent person may ask the statutory officer questions
- the disciplinary appeals sub-committee may ask the statutory officer questions
- the chair of the appointments committee or the investigator presents the management position in response to the statutory officer's grounds of appeal
- both sides will sum-up their presentations, commencing with the statutory officer
When the disciplinary appeals sub-committee has heard all of the evidence, they will adjourn to consider whether to uphold or dismiss the appeal. The independent adviser and monitoring officer (or deputy as appropriate) may advise them.
All others present at the hearing will withdraw.
A letter will outline the decision and the action to take.