In this article, our specialist Employment Solicitors explain if you have the right to appeal against your dismissal and on what grounds you can appeal.
Do You Have the Right to Appeal Dismissal?
Not always, but it’s good practice and expected for an employer to grant a right to appeal against your dismissal, if you believe the reason your employer dismissed you is unfair or unreasonable.
When you have been dismissed your employer should inform you of any right to appeal and the length of time you have to appeal against the decision.
The ACAS Code of Practice on dismissals encourages employers to operate an appeal system – and if the employer ignores the Code, any compensation they may have to pay you for unfair dismissal can be increased to reflect their failure.
How to Appeal Your Dismissal?
If you wish to appeal against your dismissal, then you should make the request usually in writing and quickly . You should submit your appeal within the time frame outlined in your employer’s policy, informing them you wish to appeal against your dismissal. If you’ve not been given a time limit to lodge an appeal, don’t delay – put your appeal in straight away.
When you write your appeal letter you should set out the grounds of the appeal, explaining why you believe your dismissal was unfair. The person considering your appeal should be someone who wasn’t involved with the original decision.
Following your appeal letter, you should be invited to a hearing to discuss your appeal, and given the chance to state your case and ask your employer to review the original decision. By law you have the right to be accompanied to the hearing; this may be a work colleague or Trade Union official.
For more information, please read the ACAS Code of Practice.
On What Grounds Can You Appeal Your Dismissal?
Within your appeal letter you should state the grounds on which you wish to appeal against the dismissal. The grounds you can appeal against can include any of the following (please note, this is not an exhaustive list):
- New evidence has come to light
- Some relevant evidence was ignored (or irrelevant evidence was taken into account)
- You believe the sanction imposed was too harsh
- Failure to follow the correct procedure e.g. witnesses not interviewed or proper notice not given to you
- Unfairness or bias by those who made the original decision
- Inconsistent treatment e.g. not dismissing another employee for the same offence
Unfair Dismissal Solicitors Leeds & Yorkshire
Morrish Solicitors are one of Yorkshire’s leading Law Firms. We provide legal advice to Trade Unions, their members and Private Clients both regionally and nationally. Our Employment Solicitors in Leeds are experts in unfair dismissal compensation claims. We have a successful history of recovering compensation on behalf of our clients for their unfair dismissal claims.
If you have a disciplinary hearing or appeal hearing coming up, it can often pay to get advice before the worst happens. We offer fixed fee advice about how best to tackle these hearings.
If you’ve been dismissed and feel it may be unfair, speak to one of our experienced Employment Solicitors on 033 3344 9600 to see if you’re entitled to make an unfair dismissal claim. To hear about the latest news, case studies and information on our services please sign up to our newsletter.