How to Handle a Dismissal Appeal After an Employee has been Dismissed

Dismissing an employee is never an easy decision, and even after the process is complete, there is still a possibility that the employee may choose to appeal. Handling a dismissal appeal properly is crucial to ensure fairness, protect your business legally, and uphold your reputation as a responsible employer. In this blog, we will walk you through the key steps to manage a dismissal appeal professionally and lawfully.

What is a Dismissal appeal?

A dismissal appeal is a formal process undertaken by an employee who believes their termination from employment was unjustified. This procedure allows the employee to challenge their dismissal and present their case for reconsideration. The appeal typically must be lodged within a specific timeframe and follows a set procedure outlined by the employer or relevant laws.

Dealing with a dismissal appeal can be a complex process, requiring careful consideration of legal and procedural requirements. The disciplinary appeal process typically involves the following steps:

Acknowledge the Appeal Promptly

As soon as you receive an appeal from the dismissed employee, it is important to acknowledge it in writing. Confirm receipt of the appeal, outline the next steps, and give a rough timeline for the process. This shows that you are taking the matter seriously and that you are committed to a fair review.

Appoint an Impartial Manager

The appeal should be handled by someone who was not involved in the original dismissal decision, ideally someone senior to the person who made the initial decision. This ensures impartiality and gives the employee confidence that their appeal will be considered fairly.

Review the Grounds for Appeal

Ask the employee to clearly set out their reasons for appealing. Common grounds for appeal include new evidence coming to light, procedural errors in the original dismissal process, or a belief that the decision was too harsh. Understanding the basis of the appeal will help you plan the next steps. Employees should also provide any relevant evidence or supporting documentation.

Arrange an Appeal Hearing

Invite the employee to an appeal hearing. Give them reasonable notice and the right to be accompanied by a colleague or trade union representative. At the hearing, allow the employee to present their case fully and respond to any points raised. Keep the meeting as constructive and open-minded as possible. The hearing is often conducted by a different manager or panel than those involved in the initial disciplinary decision to ensure impartiality.

What is an appeal hearing?

An appeal hearing is a formal process where an individual who has been subject to a disciplinary decision or adverse outcome, such as dismissal, has the opportunity to challenge that decision. The purpose of the appeal hearing is to review the original decision and consider whether it was fair, reasonable, and justified in light of the circumstances.

Presentation of case:

At the appeal hearing, the employee presents their case, including reasons why they believe the disciplinary decision was unfair or disproportionate. They may also call witnesses or submit additional evidence to support their appeal.

Employer’s response:

The employer responds to the employee’s appeal, presenting their rationale for the original disciplinary decision and addressing any points raised by the employee.

Conduct a Thorough Investigation

If new evidence or claims come to light during the appeal, it may be necessary to carry out further investigations. This might involve speaking to witnesses, reviewing documents, or checking procedures were correctly followed. Treat this process as seriously as you would a disciplinary investigation.

The Decision

After the hearing and any further investigations, decide whether to uphold or reject the appeal. It is important to make this decision fairly, based on all the evidence, and not on personal feelings or assumptions. Possible outcomes include upholding the dismissal, overturning it, or offering an alternative solution such as reinstatement or a different disciplinary sanction.

Communicate the Outcome

Write to the employee to inform them of the outcome of their appeal. Clearly explain the reasons for the decision, the evidence considered, and whether the original dismissal decision stands or is being altered. Make it clear that the appeal decision is final.

Further Recourse

If the employee remains dissatisfied with the outcome of the appeal, they may have further recourse, such as lodging a formal complaint with an external body or pursuing legal action through an employment tribunal.

Disciplinary appeals are an important part of ensuring procedural fairness and allowing employees to challenge decisions they believe to be unjust or unreasonable. Employers are generally expected to conduct appeal processes in accordance with relevant laws, company policies, and principles of natural justice

Settlement Agreement

A settlement agreement, also known as a compromise agreement in the UK, is a legally binding contract between an employer and an employee that sets out the terms and conditions under which the employment relationship will be terminated or resolved.

In a settlement agreement, the employer typically offers the employee a sum of money or other benefits in exchange for the employee agreeing not to pursue any further claims or legal action against the employer arising from their employment or its termination. This can include waiving the right to bring claims such as unfair dismissal, discrimination, breach of contract, or redundancy.

Successful Appeal

A successful appeal in the context of employment typically refers to a situation where an employee challenges a disciplinary decision, grievance outcome, or other adverse employment action, and the appeal results in a favourable outcome for the employee.

For example, if an employee is dismissed from their job following a disciplinary hearing and they appeal the decision, a successful appeal would entail the employer overturning the dismissal and reinstating the employee to their position or offering an alternative resolution that is satisfactory to the employee.

Similarly, in the case of a grievance, if an employee raises a complaint about a workplace issue and the initial grievance outcome is not satisfactory, a successful appeal would involve the employer reconsidering the matter and providing a resolution that addresses the employee’s concerns.

The Importance of Seeking Professional Advice

Handling dismissal appeals can be complex. Mistakes can be costly, leading to tribunal claims for unfair dismissal or discrimination. Seeking advice from an employment lawyer or HR expert ensures that you follow the correct procedures and treat the employee fairly.

A professional advisor can:

Help you review whether the original dismissal was fair
Guide you through the appeal process step-by-step
Support you in drafting letters and preparing for meetings
Reduce the risk of legal claims by ensuring you comply with employment law
Offer an independent perspective on the case

Involving an expert early on can save you time, money, and stress in the long run. They will also give you peace of mind that your approach is legally sound and consistent with best practice.

How The HR Booth Can Help

At The HR Booth, we support businesses of all sizes with handling dismissal appeals and other employee relations matters. Our team of experienced HR professionals can guide you through every step of the appeal process, ensuring it is handled fairly, lawfully, and with minimal risk to your business.

We can:

Advise you on the correct appeal procedure
Provide an independent manager to hear the appeal if needed
Help you prepare for meetings and draft all necessary correspondence
Review your original dismissal decision to make sure it stands up to scrutiny
Support you in managing the situation with care and professionalism

By working with The HR Booth, you will have peace of mind knowing you are dealing with the appeal correctly and protecting your business from potential claims.

Final Thoughts

Managing a dismissal appeal properly is vital for protecting your business and maintaining good employee relations. By following a fair process and seeking professional advice where needed, you will be in a stronger position to defend your decision if challenged. Even if the dismissal is ultimately upheld, showing that you handled the appeal fairly will reflect well on your organisation.

If you would like support handling a dismissal appeal or advice on any other HR matter, get in touch with our team at The HR Booth.