In almost any system of law the right of appeal is fundamental. UK employers will find themselves having to conduct appeals in a variety of circumstances – to stay safe you need to carry these out impartially.

Appeals might arise after disciplinary action or a dismissal, through redundancy selection, on the grounds of ill health, or through retirement. Or they can follow a grievance outcome that the employee is not happy about. Whatever the reason, the basic principles are the same.


Whoever presides over the appeal has to be impartial, so they must not have been directly involved in the original decision. They have some work to do before the hearing – they need to read and study the employee’s written appeal and any written documentation to support the case. Talk to line management about the grounds for their decision and ask whether it was objectively justified, was the process professionally conducted?


Write to the employee to confirm the date, time and place of the appeal hearing. Inform them of their right to be accompanied. You should establish that the employee is fully prepared and ask what else they require. Have available the person(s) who made the original decision in case you need them.


Any appeal should decide whether, considering all the circumstances, a decision was within the range of reasonable responses that a reasonable employer could make. So at the appeal allow the employee, and their companion, every opportunity to put forward their concerns and ask questions to clarify what has happened. Was the decision and the procedure fair? Was all available evidence considered at the time or has new evidence since come to light that means it needs to be reviewed? Were any mitigating circumstances taken into account?


If you stand by the original decision then the appeal has been unsuccessful. But if the decision was unfair or procedurally flawed, decide what action to take - that might include reinstating the employee if they had been dismissed.


Inform the employee (and their representative) of your decision and the reasons, confirm in writing and enclose a copy of minutes taken. Finally place these documents in the employee’s personnel file as appropriate.


Remember an appeal is an essential process. It could right a wrong, or justify an unpopular but reasonable decision. Above all, it is not just a rubber stamp for another manager’s possibly bad decision.

Appeal Essentials

It must be presided over by someone impartial

Confirm the time and place in writing

Allow the employee to be accompanied

Listen carefully to the employee’s complaint

Consider all the evidence

Take minutes of the meeting

Was the decision reasonable?

Was the procedure fair?

Inform the employee of your decision and reasons

Confirm these in writing

Put a copy on file.