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Make sure you do things right when you invite an employee to a poor performance appeal hearing, with this invitation to a poor performance appeal hearing. The notice of poor performance appeal hearing sets out in clear and simple terms the process to be followed and the employee's rights, helping ensure that the employer complies with the laws on performance evaluation.
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This letter covers:
An invite to an appeal hearing should be sent out in advance of any appeal which follows the initial disciplinary hearing.
If you are formally disciplining an employee and the employee requests an appeal this letter helps to ensure an employer complies with the laws on unfair dismissal. In particular, it is designed to fulfil certain requirements of the statutory ACAS Code of Practice on Disciplinary and Grievance Procedures.
The right to appeal against the outcome of disciplinary action is an important element of a fair disciplinary process and the ACAS Code of Practice on Disciplinary and Grievance Procedure states that the employee should be given the right to appeal against any disciplinary sanction or decision imposed.
Make sure that you include enough information about the appeal hearing. It is important to agree on a time and venue for the appeal hearing, along with who will be conducting the appeal hearing. If the appeal hearing is a review of the original decision or a full re-hearing of the case, then state this. It is important to notify the employee of their right to be accompanied at the appeal hearing. This is a statutory requirement.
The appeal may proceed either as a full rehearing, effectively re-running the first stage of the process or as a review, where the procedural fairness and severity of the original decision will be scrutinised by a new person. An effective right to appeal can remedy procedural defects in the original decision if correctly handled. For further information, read How to run a disciplinary hearing.
Compliance with the ACAS Code of Practice on Disciplinary and Grievance Procedures will be taken into account by an employment tribunal in deciding whether an employee has been treated fairly and can also impact the amount of compensation awarded if the case went to court.
Care must be taken to ensure that in addition to the ACAS code and any guidance on disciplinary matters arising under common law, any specific contractual rights of the employee and policies of the employer are complied with. The Employment contract should be checked and also any Disciplinary policy.
The ACAS code states that an appeal hearing should be conducted by a manager or other senior member who has not previously been involved in the proceedings. It is not essential that the person hearing the appeal is more senior but this is recommended to ensure impartial decisions and overall fairness.
The ACAS Code of Practice on Disciplinary and Grievance Procedures says that the employee must have a reasonable opportunity to call witnesses to the hearing and the opportunity to make points to the meeting about witness evidence.
If possible it can be useful to have an HR person present to ensure the right process is followed. You should also have someone there to take minutes of what happens at the meeting. Also, a witness may be present.
No. The ACAS Code of Practice on Disciplinary and Grievance Procedures says that appeals cannot result in an increased sanction as it may deter individuals from appealing.
If the appeal does result in an increased sanction, it is advisable to offer a second appeal against the new sanction.
Employers should inform the employee of the appeal outcome in writing as soon as possible after the hearing.
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