Workplace Appeals
Ensure every formal challenge is handled fairly, consistently and in full compliance with the ACAS Code of Practice. Rebox HR guides employers through disciplinary, grievance and redundancy reviews with confidence.
Getting Workplace Appeals Right
The right to challenge a formal outcome is a cornerstone of fair workplace procedures in the UK. Under the ACAS Code of Practice on Disciplinary and Grievance Procedures, employers must offer employees the opportunity to appeal against any formal disciplinary or grievance decision. Failure to provide this right can render an otherwise fair dismissal unfair in the eyes of an Employment Tribunal, and tribunals may uplift compensation by up to 25% where the ACAS Code has not been followed. Whether you are dealing with a disciplinary challenge, a grievance review or a dispute over redundancy selection, getting the process right from the outset is essential.
The Employment Rights Act 1996 and the Employment Relations Act 1999 underpin the statutory framework around these proceedings. Section 10 of the Employment Relations Act 1999 gives employees the right to be accompanied at hearings by a trade union representative or a work colleague. Meanwhile, case law such as Taylor v OCS Group Ltd [2006] has established that a fair review can cure defects in the original disciplinary process, provided it takes the form of a genuine rehearing rather than a simple procedural check. Employers must appoint an impartial hearing manager, ideally more senior than the original decision maker, and must consider any new evidence the employee wishes to present.
At Rebox HR, we support employers through every stage of this process. From drafting hearing invitation letters and preparing management case summaries, to advising the panel chair during proceedings and helping communicate the outcome, our experienced HR consultants ensure your procedures are legally sound and proportionate. We help you demonstrate procedural fairness, protect your business from tribunal claims and maintain positive employee relations throughout what can be a difficult situation.
What We Cover
Practical, expert support across every aspect of appeals for your business.
Disciplinary Appeal Management
We guide employers through disciplinary challenges from start to finish, ensuring compliance with the ACAS Code of Practice. Our consultants help you appoint an appropriate hearing manager, prepare the management case and structure proceedings so that all relevant evidence is considered. We ensure the review is conducted as a genuine rehearing where appropriate, giving the employee a full opportunity to contest the original decision. This approach protects your business against claims of procedural unfairness at tribunal.
Grievance Appeal Support
When an employee challenges a grievance outcome, the stakes can be significant. A poorly handled review may lead to constructive dismissal claims or allegations of discrimination. Rebox HR helps you investigate the points raised thoroughly and impartially, ensuring compliance with the ACAS Code. We assist with preparing written responses, conducting further investigation where needed, and advising on outcomes that resolve workplace conflict while managing legal risk.
Redundancy Appeal Procedures
Employees selected for redundancy have the right to challenge their selection, and employers must handle these formal objections with the same rigour as any other workplace review. We help you reassess selection criteria and scoring, determine whether the original pooling and consultation process was fair, and consider any alternative employment the employee may have identified. Our support ensures your redundancy process withstands scrutiny under Section 98 of the Employment Rights Act 1996 and relevant case law on fair redundancy procedures.
Hearing Preparation
Proper preparation is critical to a fair and effective hearing. Rebox HR assists employers with drafting invitation letters that comply with statutory requirements, including the right to be accompanied under Section 10 of the Employment Relations Act 1999. We prepare management case documentation, help you anticipate the points the employee is likely to raise, and brief the panel chair on procedural requirements. Our preparation reduces the risk of adjournments and procedural challenges that could undermine the process.
Remedying Procedural Defects
Case law, including the Court of Appeal decision in Taylor v OCS Group Ltd, confirms that a properly conducted review can remedy defects in the original disciplinary or grievance process. This is a valuable safeguard for employers, but only where the proceedings are conducted fairly and thoroughly. Rebox HR advises on when a full rehearing is appropriate rather than a simple procedural check of the original decision, helping you correct earlier shortcomings and strengthen your position should the matter proceed to tribunal.
Post-Hearing Outcomes and Documentation
The outcome letter is a critical document that may be scrutinised by an Employment Tribunal. We help employers draft clear, well-reasoned letters that address each ground of challenge raised by the employee. Whether the original decision is upheld, partially overturned or fully reversed, we ensure your written communication demonstrates that the conclusion was reached following genuine consideration of the evidence. We also advise on next steps, including any adjustments to sanctions, reinstatement options or further actions required to close the matter fairly.
How We Help
A clear, structured approach from start to finish.
Review and Preparation
We review the employee's grounds for challenge alongside the original disciplinary, grievance or redundancy documentation. We advise on appointing a suitable hearing manager and help you prepare a thorough management case, ensuring full compliance with the ACAS Code of Practice.
Hearing Support
Our HR consultants support the panel chair throughout the hearing, advising on procedure, questioning and evidence handling. We ensure the employee's right to be accompanied is respected and that proceedings are conducted impartially and thoroughly.
Outcome and Follow-Up
After the hearing, we help you reach a fair and well-reasoned decision. We draft the outcome letter, advise on any changes to the original sanction or decision, and ensure all documentation is complete and legally robust.
Frequently Asked Questions
Is an employer legally required to offer a right of appeal?
While there is no standalone statutory obligation to offer a formal right of challenge in all cases, the ACAS Code of Practice on Disciplinary and Grievance Procedures states that employees should be given the opportunity to contest decisions. Employment Tribunals expect employers to follow the ACAS Code, and failure to offer this right can result in a finding of unfair dismissal or an uplift in compensation of up to 25% under Section 207A of the Trade Union and Labour Relations (Consolidation) Act 1992.
Who should hear the appeal?
The case should be heard by a manager who was not involved in the original decision, and ideally someone more senior. This ensures impartiality and demonstrates that the process is a genuine review or rehearing. In smaller organisations where this is difficult, employers should take steps to ensure proceedings are as fair as possible. Rebox HR can advise on the best approach for your business structure.
What is the difference between a review and a rehearing?
A review involves checking whether the original decision was reasonable based on the evidence available at the time. A rehearing involves reconsidering the matter afresh, potentially hearing new evidence and reaching an independent conclusion. The Court of Appeal in Taylor v OCS Group Ltd [2006] confirmed that a thorough rehearing can cure procedural defects in the original process. The appropriate approach depends on the circumstances of each case.
Does an employee have the right to be accompanied at the hearing?
Yes. Under Section 10 of the Employment Relations Act 1999, employees have the statutory right to be accompanied at the hearing by a trade union representative or a work colleague. The companion may address the panel, confer with the employee and sum up the employee's case, but they may not answer questions on the employee's behalf. Employers must accommodate reasonable requests to reschedule if the chosen companion is unavailable.
How long does an employee have to submit an appeal?
The ACAS Code of Practice does not specify a fixed time limit, but most employers set a deadline of five working days from receipt of the written outcome. This should be clearly stated in your disciplinary, grievance or redundancy procedure and repeated in the outcome letter. Rebox HR can help you draft policies that set appropriate and enforceable submission deadlines.
Can the review result in a harsher outcome than the original decision?
In most cases, employers should avoid increasing the sanction at this stage, as this may deter employees from exercising their right to challenge decisions. However, in rare circumstances where new evidence comes to light during the process, a more serious outcome may be justified. Employers should approach this with caution and take professional HR advice before imposing a harsher sanction, as it could give rise to claims of victimisation or unfair treatment.
What happens if the challenge is upheld?
If the challenge is upheld, the original decision is overturned. In a disciplinary context, this could mean revoking a warning or reversing a dismissal. In a redundancy context, the employer may need to reconsider the employee's selection scoring or explore alternative employment. The outcome letter should clearly state the revised decision, the reasons for it and any practical next steps, including reinstatement dates or adjustments to the employee's record.
Can a fair review fix problems with the original disciplinary process?
Yes. The Employment Appeal Tribunal and Court of Appeal have confirmed that a properly conducted rehearing can remedy defects in the earlier stages of a disciplinary process. This was established in cases such as Taylor v OCS Group Ltd [2006] and Whitbread plc v Hall [2001]. However, the proceedings must be sufficiently thorough, typically taking the form of a full rehearing rather than a limited procedural check, for it to cure any earlier failings.
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Disciplinary and Grievances →Dismissals
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Dismissals →Settlement Agreements
Professional advice on drafting and negotiating settlement agreements as an alternative to formal proceedings, helping you resolve disputes efficiently and confidentially.
Settlement Agreements →Need Help Managing a Workplace Appeal?
Get in touch with Rebox HR for expert guidance on disciplinary, grievance and redundancy challenges. We will help you follow the right process, protect your business and treat your employees fairly.
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