Handling discipline and grievance issues

Appeals against disciplinary/grievance decisions

In your disciplinary and grievance procedures you should provide for appeals. A written decision to a worker should note their right to appeal.

The new statutory procedures for disciplinary decisions and dismissals and grievances provide for appeals in the cases to which they apply. Any written disciplinary or grievance decision to a worker should note their right to appeal.

The procedures should:

• specify time limits for lodging and hearing the appeal
• provide (where possible) for an uninvolved manager to hear the appeal
• state rights to be accompanied by a colleague or trade union official

In addition, the disciplinary appeal procedure should explain what action may be taken, and the grievance appeal procedure should state that the outcome is final.

Prepare for a grievance or disciplinary appeal hearing by :

• dealing with it promptly
• holding it at a reasonable time for the employee and give proper notice so the employee can inform and consult representatives
• ensuring all relevant facts and documents are available
• informing any attending witnesses or managers
• arranging for a minute-taker
• having another manager act as a witness to the proper conduct of the hearing

At the appeal hearing, consider:

• the reasoning behind the appeal
• any new evidence since the earlier decision

You should write to the employee with the result and the reason for the decision as soon as possible afterwards. Make it clear, if this is the case, that the decision is final.

Ideally during the early stages you should try to keep a more senior manager uninvolved with the issue in question so they can be used to hear any appeal. Where you don't have one available to do this, the person hearing the appeal should act impartially and make sure they review the original decision carefully.

Arbitration as a means of appeal

The Acas Code of Practice on disciplinary and grievance procedures suggests that independent arbitration can be an appropriate method of resolving disputes. If all parties agree, this may form the final stage. Download the Code of Practice on disciplinary and grievance procedures from the Acas website (PDF) .

Appeals to external bodies

Some industries, eg the construction industry, have procedures for dealing with appeals agreed between employer bodies and trade unions. This should be stated during the disciplinary procedure.

Subjects covered in this guide

• Introduction
• Discipline and grievance procedures and the employment contract
• Setting out disciplinary rules
• The disciplinary and dismissals procedure
• Investigating disciplinary matters
• Preparing for a disciplinary hearing
• Holding a disciplinary hearing
• Types of disciplinary action
• The grievance procedure
• Handling a grievance
• Appeals against disciplinary/grievance decisions

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