Preparing for an appeal hearing is, understandably, a difficult and stressful process. I always advise my clients to prepare an appeal statement ahead of an appeal hearing. Please read on for my tops tips on how to prepare an appeal statement.
What is an Appeal?
If you have been dismissed on grounds of misconduct or capability, you have a right to appeal against that dismissal. Your employer should inform you (in writing) of your right to appeal.
Whether you decide to appeal against your dismissal is entirely your choice. However, if you do not agree with the decision to dismiss, then we would advise you appeal the decision for the following reasons:
Firstly, an appeal is the last chance you have to (internally) challenge your employer’s decision, their process and the ultimate sanction. Once the appeal deadline has passed you will not have this opportunity again and the sanction will remain on your work record and / or work reference.
Secondly, if you are eligible to bring claims against your employer (including a claim of Unfair Dismissal), then the Employment Tribunal will expect you to exhaust your employer’s internal procedures which includes the appeals process. A failure to appeal your dismissal before you proceed to the Employment Tribunal may affect any compensation you are awarded. For more details on a claim of Unfair Dismissal, please see our website: https://lincslaw.co.uk/services/employees/resignation-dismissal-and-redundancy/unfair-dismissal/
What is an Appeal Hearing?
Once you have informed your employer of your intent to appeal your dismissal, your employer will arrange an appeal hearing. The purpose of this hearing is to go through your grounds of appeal and appeal statement and discuss the points you have raised.
The appeal hearing should be chaired by an independent person who has not been a part of the investigation or disciplinary stage of the disciplinary procedure.
After the appeal hearing, the chair will consider your appeal statement alongside the disciplinary process and make a final decision on whether your dismissal is upheld or overturned.
Your appeal decision should be communicated to you in writing.
My Top Tips
Each person’s appeal statement will be unique and will, of course, depend on your own personal circumstances. However, the following top tips can be used as a general guide:
- Prepare a written statement and take two copies to the Appeal Hearing. Give one copy to the Chairperson of the meeting and retain a copy for your reference throughout the meeting. Request the Chairperson reads the Statement during your Hearing and request the meeting minutes reflect your request.
- Outline what your grounds of appeal are and discuss each separate ground of appeal in turn. Use headings to distinguish between each ground of appeal.
- For each section, put forward your reasons for this appeal. Include any evidence you have in support of your submissions. As stated above, each person’s grounds of appeal will, very much, depend on their personal circumstances, however, some common grounds of appeal are:
- Insufficient evidence to prove the allegation was committed.
- Procedural unfairness.
- Failure to consider the employee’s evidence.
- Sanction imposed was too severe.
- Review any evidence your employer has relied upon during the disciplinary process. Discuss any inaccuracies or discrepancies within your statement.
- Discuss any mitigation factors. This could include your years of service, positive appraisals or reviews, an unblemished service record, good peer / client reviews etc.
IMPORTANT – Employment Tribunal Time Limits
There are strict time limits to submit claims at the Employment Tribunal. You have three months less one day from dismissal / act complained of to start the process. For more information, see our blog: https://lincslaw.co.uk/blog/what-are-the-time-limits-for-starting-an-employment-tribunal-claim/
This time limit is absolute. You are not allowed an extension because you are going through an appeal process. Therefore, it is important to always bear in mind your Employment Tribunal time limit and make sure you comply with it, regardless of any appeal.
Lincs Law Employment Solicitors Can Help You
If you would like further help and advice in respect of appealing your dismissal or pursuing Employment Tribunal claims, please call us on 01522 440512 for a free, no obligation, initial phone enquiry. For more information on the services we offer, please visit our website: https://lincslaw.co.uk/services/employees/
Jasmine Stewart
Specialist Employment Solicitor
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