The disciplinary appeal letter template is now available in Direct 2 Lawyers’s bank of employment law precedents. If you’ve been disciplined at work and the outcome of your disciplinary is not satisfactory to you then you should appeal the disciplinary outcome (using the above template if you wish). This post will deal with how you should properly appeal the outcome of your disciplinary hearing.
How you should properly appeal the outcome of your disciplinary hearing
You’ll know the facts of what’s happened to you and the reason for the disciplinary hearing better than anyone else. In analysing whether you should appeal your disciplinary outcome you should look at those facts and determine whether you believe there was any unfairness present during the disciplinary investigation or the hearing itself. In particular, you should take a look at the following 11 things:
- Was a fair investigation carried out into the allegations against you? If not, why not?
- Was this investigation under taken by a fair and impartial person? If not, why not?
- Were you informed of the basis of the allegations against you?
- Were you allowed to attend a disciplinary hearing?
- Were you allowed to bring a Trade Union official or a work colleague with you to this disciplinary hearing?
- Were you allowed to put your case at the disciplinary hearing? In particular, were you able to use any reasonable witness or documentary evidence to back your case up?
- Were the persons who supervised your disciplinary hearing fair and impartial?
- Were you informed of the outcome of your disciplinary hearing?
- Were other employees treated in a fashion different to you in similar circumstances?
- Did the disciplinary hearing result in a fair outcome? If not, why not?
- Were you told that you could appeal your disciplinary hearing?
Write down in the disciplinary appeal letter what you think was unfair about the disciplinary investigation, hearing and outcome. Your employer should notify you of whom you should submit an appeal letter to and in what time frame. Make sure you submit the appeal to the correct person within the relevant time frame.
What if you’re not successful in appealing your disciplinary outcome?
If you’re not happy with the way that your disciplinary or your disciplinary appeal has been dealt with and believe you have no choice but to resign from your employment as a result then you may be able to submit a constructive dismissal claim to the Employment Tribunal. If you’ve been dismissed as a result of the disciplinary then you may equally, depending on the circumstances, be able to claim unfair dismissal as a result. You can get a copy of an ET1 form by clicking on the link below. If you would like a free employment law consultation on your potential claim then please click on the previous link. Direct 2 Lawyers can put you in contact with a no win no fee constructive dismissal solicitor or a no win no fee unfair dismissal solicitor who can provide you with employment law advice.
If you would like to learn about the law relating to constructive dismissal or unfair dismissal please click on one of the following links:
If you would like to learn about how to prepare your claim yourself please choose one of the following links:
- Guide on how to prepare your constructive dismissal claim
- Guide on how to prepare your unfair dismissal claim
Direct 2 Lawyers offer free employment law advice for employers and employees.