1. Introduction
This note provides common guidance for the appeals processes within the Capability, Discipline and Grievance procedures.
2. Raising an appeal
If an employee wishes to appeal the outcome of a decision made through one of the procedures outlined above their appeal should be submitted in writing stating the full grounds of their appeal to the appropriate College / University Services HR Manager. The employee has 5 working days to notify intention to appeal from the date of receipt of the University’s decision and a maximum of a further 5 working days to submit the full grounds of the appeal.
The following grounds of appeal will be considered
1) Procedural error.
2) An unreasonable decision was reached that is significantly out of line with the evidence considered.
3) New evidence is now available which could not have reasonably been provided when the original decision was made.
Where the appeal relates to new evidence there should be a clear statement provided outlining the reason why this was not available for consideration at the previous stage.
3. Appeal meetings
The employee will be invited to an appeal meeting and the University will endeavour to ensure that these take place without unreasonable delay. The employee has a right to be accompanied at this meeting by a work colleague or Trade Union representative. Individuals conducting appeal meetings will have not previously been involved in the case and should consider the appeal outcome with an open mind.
3.1 Capability and Disciplinary appeals (excluding dismissals)
Appeal meetings will be heard by a more senior member of staff than dealt with the previous stage, normally from the employee’s line management structure.
3.2 Grievance and Dismissal appeals
Appeals in relation to dismissals and grievances will be heard by a panel of 2:
1) The panel will be chaired by a senior member of University staff
2) An appropriately trained member of staff
The panel will be provided advisory support by Human Resources.
For staff engaged in teaching, the provision of learning or research the trained member of staff will be a senior member of academic staff drawn from a grouping proposed jointly by University Management and the recognised Trade Union(s) and approved by Court.
3.3 Appeal Outcomes
The employee will normally be informed of the outcome of the appeal meeting in writing within 15 working days of the meeting.
There is no further right of appeal. This exhausts the University’s procedures.
3.4 General guidance
Appeals should be dealt with impartially and by individuals that have not previously been involved in the case.
Appropriate training / coaching will be provided to members of appeal panels by Human Resources.
Further information and guidance on the appeal process is available from the appropriate College / University Services HR representative.
