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An Invitation Letter to a Disciplinary Appeal Hearing for Misconduct should be sent out when handling any appeals that follow an initial disciplinary hearing. Invitation Letters to Disciplinary Appeal Hearings for Misconduct set out the disciplinary appeal process and the employees’ rights when they appeal a decision. They help ensure that employers comply with the laws on unfair dismissal.
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Use this Invitation Letter to a Disciplinary Appeal Hearing for Misconduct:
when an employee is appealing your disciplinary decision related to misconduct
to invite an employee to attend an appeal hearing to consider their appeal against your disciplinary decision
only for employees based in England, Wales or Scotland
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Dear ,
Re: Appeal hearing
I am writing to inform you that you must attend an appeal hearing in on at . The hearing is to consider and discuss your appeal against our decision to impose a disciplinary sanction of following the disciplinary hearing dated , as set out in your notice of appeal dated . You are entitled to bring a fellow worker or a trade union representative to the meeting in accordance with our Disciplinary Procedure (enclosed with this letter). If you wish to bring a companion, please let me know their name as soon as possible.
Please let me know if you need any further copies of the documents provided to you for use at the original hearing, since these may be referred to during the Appeal Hearing.
You and your companion will be able to comment on the witness statements and raise any questions, for further investigation or consideration, as appropriate.
If there are witnesses that you consider have relevant information concerning the allegations against you then please provide their names to me as soon as possible, so that they may be interviewed before the appeal hearing. Similarly, if there are any relevant documents you wish to be considered at the appeal hearing, please provide copies as soon as possible. If you do not have those documents, please provide details so that they can be obtained.
The hearing will be conducted in accordance with the Disciplinary Procedure, a copy of which is enclosed. The hearing will be chaired by and will also be present.
Please acknowledge receipt of this letter and confirm that you will attend the hearing as scheduled. If, for any unavoidable reason, you or your companion cannot attend at that time please contact me as soon as possible. You are reminded that failure to cooperate in a disciplinary process including failure to attend a hearing without good reason may itself be a disciplinary offence resulting in further disciplinary action.
If you have any specific needs at the hearing as a result of a disability, or if you have any other questions, please also contact me as soon as possible.
Yours sincerely,
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This Invitation Letter to a Disciplinary Appeal Hearing for Misconduct template covers:
details of the appeal hearing
procedural arrangements for the appeal hearing
additional documents and evidence
who will be present at the hearing
the employee's right to have a companion at the hearing
If you have formally disciplined an employee for their misconduct and the employee has requested an appeal, this Invitation Letter to a Disciplinary Appeal Hearing for Misconduct helps to ensure that you comply with the law 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 ‘Acas Code of Practice’).
For more information, read Disciplinary appeals and Appealing decisions made by employers.
The right to appeal against the outcome of disciplinary action is an important element of a fair disciplinary process. Under the Acas Code of Practice, an employee should be given the right to appeal against any disciplinary sanction or decision imposed by their employer.
Failure to allow employee appeals can be counted against an employer if the case goes to an Employment Tribunal (ET).
For more information, read Disciplinary appeals and Appealing decisions made by employers.
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. State whether the appeal hearing is a review of the original decision or a full re-hearing of the case. It is important to notify the employee of their right to be accompanied at the appeal hearing. This is a statutory (ie legal) requirement. For more information, read Appealing decisions made by employers.
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 effectively held appeal hearing can remedy procedural defects in an original decision-making process if correctly handled.
For more information, read How to run a disciplinary hearing.
Compliance with the Acas Code of Practice will be taken into account by an ET in deciding whether an employee has been treated fairly. It can also impact the amount of compensation awarded if the case goes to court.
Ensure that, in addition to the Acas Code of Practice 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. You should always check the employee’s Employment contract and your Disciplinary procedure and/or Grievance procedure.
According to the Acas Code of Practice, an appeal hearing should be conducted by a manager or other senior member of staff who has not previously been involved in the proceedings. While the person hearing the appeal doesn't have to be more senior, this is recommended to ensure impartial decisions and overall fairness.
Under the Acas Code of Practice, 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. A witness may also be present.
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To make your Invitation Letter to a Disciplinary Appeal Hearing for Misconduct you will need the following information:
Letter details
What are the employer’s details (eg legal structure and name)?
If the employer is a company, LLP or partnership, who will sign the Invitation Letter to a Disciplinary Appeal Hearing for Misconduct on the employer’s behalf?
Will the Invitation Letter to a Disciplinary Appeal Hearing for Misconduct be printed on headed paper including the business name and address?
If not, what is the employer’s address?
What are the employee’s details (ie name and address)?
On what date will this Invitation Letter to a Disciplinary Appeal Hearing for Misconduct be sent to the employee?
Hearing
What are the details of the appeal hearing?
What was the date of the original disciplinary hearing?
What was the sanction imposed upon the employee following the disciplinary hearing?
Appeal
On what date was the notice of appeal sent by the employee?
Are any documents enclosed with this Letter?
If so, which documents are enclosed?
Will witnesses be present at the hearing?
If so, which witnesses will be present?
What is the name of the chairperson for the hearing?
What other individuals will attend the hearing?
Invitation Letters to Disciplinary Appeal Hearings for Misconduct are used to invite employees to appeal hearings concerning disciplinary actions taken related to misconduct. To achieve this, this Letter covers:
Sender and recipient details
The start of the Invitation Letter to a Disciplinary Appeal Hearing for Misconduct contains the names and addresses of the employer and the employee appealing the disciplinary decision.
Re: Appeal hearing
The body of the Letter formally invites the employee to an appeal hearing. The Letter, therefore, details:
the date and location of the appeal hearing
the reason for the appeal
the employee’s entitlement to be accompanied at the meeting
details of any enclosed information
The Letter also requests that the employee acknowledges its receipt and confirms whether they can or cannot attend the meeting. It also encourages the employee to request any reasonable adjustments that may be necessary.
If you want your Invitation Letter to a Disciplinary Appeal Hearing for Misconduct to include further or more detailed provisions, you can edit your document. However, if you do this, you may want a lawyer to review or change the Invitation Letter to a Disciplinary Appeal Hearing for Misconduct for you, to make sure it complies with all relevant laws and meets your specific needs. Ask a lawyer for assistance.
Make sure to provide the employee with all relevant documents and information
An appeal hearing is designed to either act as a full re-hearing of the initial disciplinary hearing or as a review of the disciplinary process. As a result, it is crucial that you not only provide a copy of your Disciplinary procedure but also:
any new documents
any new written evidence
duplicates of any documents, that the employee says they need further copies of
You do not need to provide the employee with any documents that were provided for the first hearing. However, you can choose to do so.
You should also inform the employee of any witnesses you intend on calling at the appeal hearing and give them the option to call witnesses.
Understand when to seek advice from a lawyer
Ask a lawyer if:
this document doesn’t meet your specific needs
you have employees based outside England, Wales and Scotland
