Appeals - Guidance Note

A PDF of the Appeals Guidance Note is available here: Appeals Guidance Note - August 2016

1. Introduction

This note provides common guidance for the appeals processes within the Capability, Competency, Discipline, Grievance and the Management of Organisational Change procedures.   It should be read in conjunction with the relevant policy and procedure documents which provide more detailed information.

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 (letter or e-mail) stating the full grounds of their appeal to the appropriate College / University Services Head of HR. The appeal should be lodged within 5 working days of receipt of the outcome of the stage 1 grievance with the full grounds of appeal being submitted within 10 days of the outcome of stage 1 if not included in the initial appeal letter.

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 Meeting

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.

Appeal meetings will be heard by a more senior member of staff than dealt with the previous stage who has not been previously involved. If the initial stage was heard by a senior manager an independent manager at the same level may be appointed.

3.1 Capability, Competency, Grievance and Disciplinary appeals (excluding dismissals)

Appeal meetings will be heard by a more senior member of staff than dealt with the previous stage who has not been previously involved. If the initial stage was heard by a senior manager an independent manager at the same level may be appointed.

3.2 Dismissal appeals

Appeals in relation to dismissals 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.

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.

The University may also decide to appoint a panel of two members to hear some more complex grievance appeals.

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 / guidance will be provided to Appeal Managers and 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.

This Guidance note was updated in August 2016 following the revision of the Grievance Policy and Procedure.