Disciplinary Policy & Procedure - February 2021

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13. Appeals

• An employee has the right of appeal against disciplinary action (excluding informal) on the following grounds:
  • If the employee thinks the penalty is unfair or unreasonable in the circumstances. 
  • New evidence comes to light which could have affected the outcome of the disciplinary hearing. 
  • Failure to follow procedures. 

• The appeal should be made in writing wherever possible, to the Assistant Chief Executive (PM) within 14 calendar days of receipt of the disciplinary or dismissal letter.  The letter should outline the detailed reasons for appeal and will be acknowledged within 14 calendar days.  Employees who need advice when submitting an appeal should contact a HR Advisor or their Trade Union representative.

• The Assistant Chief Executive (PM) will convene an appeals panel to consider the appeal.  For disciplinary sanctions that fall short of dismissal the appeals panel will comprise of two Directors (or their nominated Head of Service) and a member of the Executive Board. The Appeal Hearing should be held at a reasonable time and place.  This should take place as soon as possible and the employee should take all reasonable steps to attend.

• The Staff Appeal Panel (which is made up of Councillors advised by a HR Advisor and Legal Services as appropriate) hears all disciplinary dismissal appeals. 

• The Appeal Hearing and decision is final and there is no further right of appeal within the Council.