Employment Appeal Hearings UK: Employer Guide
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Part ofUK Employment Law Guide for Employers (2025)
When someone is dismissed or receives a serious disciplinary sanction, they usually have the right to challenge that outcome through an internal appeal. For employers in England and Wales, running that appeal properly matters: a rushed or one-sided process is one of the most common reasons employment tribunals find a dismissal unfair, even when the original reason for dismissal was sound.
This page walks through what an appeal notice typically looks like, how an appeal hearing should be structured, who should chair it, what paperwork to keep, and the procedural traps that trip employers up. Whether you are running a small business handling your first appeal or sitting in HR trying to get the process right under pressure, the aim here is the same: give the employee a genuine hearing, make a considered decision, and create a record you would be comfortable defending later.
What this document is
An employment appeal is the internal stage that follows a disciplinary or dismissal decision, where the employee asks the employer to reconsider. It is separate from any claim an employee might later bring at an employment tribunal, though how the appeal is handled often feeds directly into those proceedings.
The starting point in England and Wales is the Acas Code of Practice on Disciplinary and Grievance Procedures. Tribunals take the Code into account when deciding whether a dismissal was fair, and they can adjust compensation by up to 25% where either side has unreasonably failed to follow it.
An appeal notice is simply the employee's written request to appeal, usually setting out why they think the original decision was wrong. The hearing that follows should let the employee put their case, respond to the evidence, and be accompanied by a colleague or trade union representative.
Ideally, the person hearing the appeal was not involved in the original decision, so they can come to it with fresh eyes. The outcome can confirm, reduce or overturn the original sanction.
How to use this document
- Set out the right to appeal in the outcome letter. When you confirm a disciplinary sanction or dismissal in writing, tell the employee clearly that they can appeal, who to send the appeal to, and the deadline for doing so. A short, reasonable window (commonly around five working days) is standard, but be prepared to be flexible if there is a genuine reason for delay.
- Review the appeal notice carefully. Once the employee sends in their grounds of appeal, read them properly before scheduling anything. Identify whether they are challenging the facts, the procedure, the sanction itself, or raising new evidence. This shapes how the hearing runs and what documents the appeal chair needs to see in advance.
- Appoint an impartial appeal chair. Where possible, the person hearing the appeal should be more senior than the original decision-maker and not previously involved. In smaller organisations that is not always practical, but you should still take reasonable steps to separate roles and be able to show the appeal was considered on its merits rather than rubber-stamped.
- Invite the employee to the hearing in writing. Confirm the date, time and location, the names of those attending, the documents being relied on, and the employee's statutory right to be accompanied by a colleague or trade union representative. Give enough notice for the employee to prepare and arrange their companion.
- Hold the hearing, deliberate, then communicate the decision. Let the employee present their grounds, respond to any new points, and ask questions. Take proper notes. Afterwards, the appeal chair should reflect on the evidence before confirming the outcome in writing, explaining the reasoning and making clear that this is the final stage of the internal process.
Common questions
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Common questions
Q Do employees always have a legal right to appeal a dismissal?
There is no standalone statutory right to appeal in every situation, but the Acas Code of Practice expects employers to offer one as part of a fair disciplinary process. If you dismiss someone without allowing an appeal, a tribunal is likely to treat that as a procedural failing. In practice, almost all well-run dismissal and disciplinary processes include an appeal stage, and refusing one is rarely worth the risk.
Q How long should an employee have to submit an appeal?
There is no fixed period set by law. Many employers allow around five working days from the date of the outcome letter, which is generally seen as reasonable. Whatever timeframe you choose, state it clearly in your disciplinary policy and in the outcome letter. If an employee misses the deadline for a good reason, such as illness, it is usually sensible to consider the appeal anyway rather than refuse it on technical grounds.
Q Who should hear the appeal?
Ideally, someone more senior than the person who made the original decision, and who has had no prior involvement in the case. In smaller businesses that is not always possible. Where the same person has to be involved, you should still take care to approach the appeal with an open mind, consider the grounds properly, and document how you reached your decision. Independence, as far as it is achievable, helps protect fairness.
Q Can the employee bring someone with them to the appeal hearing?
Yes. Under the Employment Relations Act 1999, workers have a statutory right to be accompanied at a disciplinary or grievance hearing, including an appeal, by a colleague or a trade union representative. The companion can address the hearing, sum up the worker's case, and confer with them, but they cannot answer questions on the worker's behalf. Refusing a reasonable request to be accompanied is a clear legal risk.
Q Can an appeal make the outcome worse for the employee?
Generally, no. The appeal is there to allow the employee to challenge the original decision, not to expose them to a harsher penalty. Most policies confirm that an appeal will either uphold, reduce, or overturn the original sanction. If new misconduct comes to light during the process, that should normally be dealt with as a separate matter rather than as part of the existing appeal.
Q What records should we keep of the appeal?
Keep the appeal notice, the invitation letter, the documents relied on, notes of the hearing, any evidence submitted by the employee, the appeal chair's deliberations, and the final outcome letter. If a tribunal claim follows, these records are often decisive. Contemporaneous notes carry much more weight than anything reconstructed later, so write things up while the detail is fresh.
Q What happens if we get the appeal process wrong?
A flawed appeal can turn an otherwise defensible dismissal into an unfair one. Tribunals look at the process as a whole, and failings at the appeal stage, such as prejudging the outcome, refusing a companion, or ignoring grounds of appeal, can push a decision into the unfair dismissal bracket. Compensation may also be increased by up to 25% for unreasonable failure to follow the Acas Code.
If you're dealing with this kind of situation, speak to an experienced legal adviser who can walk you through it — from £89.
Sources
This guide is based on primary UK law and official guidance.
- Official SourceAcas Code of Practice on Disciplinary and Grievance Proceduresacas.org.uk
- Guidance · UK Govgov.uk: Dismissing staffgov.uk
- Guidance · UK Govgov.uk: Disciplinary procedures and action against you at workgov.uk
Legal helpline
Unsure how to run an appeal hearing properly?
Appeals are where otherwise fair dismissals often come unstuck, and the pressure to get the process right can be real. An experienced legal adviser can talk you through how an appeal should work based on what you describe, so you can approach the hearing with more confidence.
- Plain-English answers to your specific questions about the appeal process
- Practical perspective on your situation based on what you describe
- What to watch out for in your circumstances, from notice through to outcome
- Guidance on documenting the process tailored to what you describe
Legal disclaimer
This article is for general information only. It is a tool to help you find your way — not legal advice, and not a substitute for speaking to a qualified adviser about your situation.