How and when to appeal your disciplinary hearing outcome

by Direct2Lawyers on September 12, 2012

  • SumoMe

If you’ve been the subject of a disciplinary by your employer then it can be an extremely stressful time for you. Depending on what you’re being disciplined if disciplinary action is taken against you then it could result in your dismissal from your job so it’s a serious matter. If you receive an outcome from your disciplinary which isn’t satisfactory to you then you should be prepared to appeal against the outcome. This post will help employees to analyse the facts of the outcome of their disciplinary, decide when to appeal, and how to appeal. It will do so by going over the following:

  1. How to analyse the outcome of your disciplinary hearing
  2. When should you appeal the outcome of your disciplinary hearing
  3. How to appeal against the outcome of the disciplinary hearing

How to analyse the outcome of your disciplinary hearing

You should consider the following 10 things when you analyse the outcome of your disciplinary hearing:

  1. Were the allegations made against you fair?
  2. Was an investigation held into the allegations?
  3. Was the person who undertook the investigation impartial?
  4. Was the investigation carried out in a fair and competent manner?
  5. Were you informed of the allegations made against you in a reasonable time period before the disciplinary hearing?
  6. Was the disciplinary hearing conducted in a fair way with both sides being able to put their cases?
  7. Was the disciplinary hearing conducted by a senior, impartial manager?
  8. Were you allowed to present any reasonable evidence (whether witness or documentary) that you wished to?
  9. Were you allowed to be accompanied by a trade union official or colleague?
  10. Were you informed after the disciplinary hearing that you were allowed to appeal?

When should you appeal the outcome of your disciplinary hearing

If you are concerned about any of the above elements then you may have grounds for appealing your disciplinary hearing. If you have been dismissed as a result of the disciplinary hearing then you may be able to claim unfair dismissal. If you’ve been disciplined in some other way (i.e. a demotion or a written warning etc.) then you may be able to overturn the outcome of your disciplinary hearing on appeal.

How to appeal against the outcome of the disciplinary hearing

Your employer will normally specify how many days you have to submit an appeal to the outcome of your disciplinary hearing. This is normally 7 days. You should submit your appeal to your employer by email (to the relevant manager or Human Resources representative) within this time frame to avoid complications. You may also wish to submit a grievance regarding the handling of your disciplinary investigation and hearing. Links to templates for these two documents are included below:

If you think you have a constructive dismissal claim because of the handling of your disciplinary then you may be able to resign and claim constructive dismissal. Click here for your your guide on preparing your constructive dismissal claim.
Direct 2 Lawyers offer employment law advice for employees and free employment law advice for employers. They use specialist solicitors for compromise agreement advice and can find you constructive dismissal no win no fee solicitors

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