On what grounds can an employee appeal a disciplinary decision?
On what grounds can an employee appeal a disciplinary decision?
new evidence has come to light that should be investigated; the sanction imposed was too severe or disproportionate to the misconduct; the sanction was inconsistent with one imposed for similar misconduct committed by another employee; there was unfairness or bias among the original decision-makers; or.
How long should an appeal against dismissal take?
Time limits Usually, your contract of employment will state what time limit you have to lodge an appeal. In the case of dismissal, a usual time limit is 5 working days from the date of termination of your employment but this could be longer or shorter.
How do I write a letter of appeal against dismissal?
In your appeal letter you need to clearly state that you wish to appeal the dismissal decision. Then outline the reasons why you wish to appeal. You should then be invited to an appeal hearing, which should be held by someone impartial.
How much notice does an employer have to give for a disciplinary hearing?
Depending on how complex the investigation was and how much information there is for you to consider, normally five working days’ notice for a disciplinary hearing is sufficient. You should also arrange for a note-taker to support you at the disciplinary hearing.
How long should a disciplinary hearing take?
This is normally 3-5 days. If you need more time, ask for it, particularly if you have not seen the evidence against you or have not been given a letter setting out the allegations.
Can you resign before a disciplinary hearing?
Can I resign before or during a disciplinary process? Yes, you can. You also need to consider that even if you do resign, your employer could continue the disciplinary process during your notice period, and ultimately still dismiss you for gross misconduct.
What happens after a disciplinary hearing?
After the hearing your employer should write to you as soon as possible, saying what action they’re going to take, and telling you about your right to appeal. The decision might be: no action. written warning.
How do employers prepare for a disciplinary hearing?
Apart from that, proper preparation involves investigation, gathering of evidence, taking down witness statements, preparation of witnesses, appointment of Chairperson, arranging the disciplinary hearing, and applying the sanction.
