Website of the UK government

Appeal

When your employer has followed the first and second step in the statutory minimum disciplinary procedure they must notify you of your right to appeal against their decision. If you want to take your case to an Employment Tribunal (or Industrial Tribunal in Northern Ireland), you must have appealed against the decision before making your claim (otherwise any compensation you win may be reduced).

• Disciplinary procedures: initial letter, suspension and investigation
• Disciplinary procedures: meetings and decisions

From 6 April 2009, your employer and you will no longer be required to follow the statutory procedures.

• Grievance, disciplinary and Employment Tribunal procedures from 6 April 2009

If you live in Northern Ireland the dispute resolution changes won’t apply. To find out more about the dispute resolution procedures in Northern Ireland visit the Department for Employment and Learning website.

• Department for Employment and Learning Northern Ireland (DELNI) Opens new window

You can appeal against the decision if you think:

• the decision was wrong
• unfair procedures were used
• the punishment is too harsh
• new evidence has come to light

Your grounds for appeal should be reasonable. Minor breaches of procedures, or your personal feelings, won’t usually change the decision.

The appeals process is similar to the disciplinary procedure:

• you write a letter giving reasons for appealing
• there’s a meeting, usually with a more senior manager than the first meeting - you have the right to be accompanied to the meeting
• a final decision is made

Make sure you know what the time limit is for appealing - these are often in the written procedures. If you are not given enough time to appeal, do what you can, and provide any other necessary information later.

In small firms it may not be possible to find someone with higher authority than the person who took the original disciplinary decision. If this is the case, that person should act as impartially as possible when hearing the appeal, and should use the meeting as an opportunity to review the original decision.

You can't make an Employment Tribunal claim against a warning, although you could claim constructive dismissal if you decide to leave because of the situation. A better approach is to suggest mediation or conciliation.

• Dismissals
• Discrimination at work
• Breach of contract
• Employment Tribunals

What to do if you are unhappy about the appeal decision

If you don’t accept the decision, you should first check to see if you have a further right of appeal.

In some situations, you can make a claim to an Employment Tribunal.

Possible grounds for making a claim include:

• Instant dismissals
• Discrimination at work
• Breach of contract
• Employment Tribunals: an introduction

You can also make a breach of contract claim through a Civil Court if your employer has broken the terms of your contract.

The usual time limit for making an Employment Tribunal claim is three months. If the Tribunal claim arises from an incident prior to 6 April 2009 and the appeals process isn’t completed within the normal time limit, the Tribunal may extend it by a further three months. If the incident about which you intend to claim arose on or after 6 April 2009 then the extension of the time limit will not apply. If you are unsure about the time limits, you should seek advice from an expert.

From 6 April 2009, if you have a dispute which is likely to turn into an Employment Tribunal case, the Arbitration, Conciliation and Advisory Service (Acas) may be able to offer you a free pre-claim conciliation service. Contact the Acas helpline to find out whether this would be suitable for you.

Where to get help

The Advisory, Conciliation and Arbitration Service (Acas) offers free, confidential and impartial advice on all employment rights issues.

• Acas Opens new window

The Labour Relations Agency (LRA) offers free, confidential and impartial advice on all employment rights issues for residents of Northern Ireland.

• Labour Relations Agency Opens new window

Your local Citizens Advice Bureau (CAB) can provide free and impartial advice. You can find your local CAB office in the phone book or online.

• Find your local Citizens Advice Bureau Opens new window

If you are a member of a trade union, you can get help, advice and support from them.

• Introduction to trade unions

More useful links

• Advice for employers about handling discipline and grievance issues from Business Link Opens new window
• Advice for employers in Northern Ireland about handling discipline and grievance issues from nibusinessinfo Opens new window