You may appeal against any disciplinary decision, at any stage. The appeal will be to a director of the company, nominated by T&H, who has not been involved in the disciplinary procedure to date. Your appeal must be in writing and received by the director (cc Head of HR) within five working days of your receipt of our decision.
The timing of the appeal will enable you to have reasonable time to prepare your case. If the date and time of the appeal are not convenient, you should let us know immediately and we will endeavour to reschedule the hearing. However, it is in both party’s interests that the appeal take place as soon as possible. You must make every effort to attend the meeting, and failure to attend without good reason may also be treated as misconduct. If you fail to attend without good reason, or are persistently unable to do so (for example, for health reasons), we may have to take a decision based on the available evidence, including any written representations you have made.
You should also let us know, in advance, if there are any relevant witnesses you would like to attend the appeal or any new witness statements, documents or other evidence you wish to be considered that were not available at the hearing. You will provide copies of any such additional written evidence you wish us to consider at least three working days before the appeal. If necessary, we may reschedule the appeal to allow us to properly consider your additional written evidence.
The appeal will also be attended by our Head of HR or another member of HR if the Head of HR is a witness or otherwise involved. You may be accompanied at the appeal by a companion, who may be a co-worker or trade union representative, provided you notify us of this in advance. Your companion must respect the confidentiality of the appeal and failure to do so may itself constitute misconduct on their part if they are an employee of T&H. A companion may make representations, ask questions, and sum up your position, but is not permitted to answer questions on your behalf. You may confer privately with your companion at any time during the appeal.
At the appeal, you will be given time to present your case. We expect employees to conduct themselves in a civil and professional manner. If, at any time, you become verbally or physically abusive, we reserve the right to suspend the appeal and, if we consider it necessary, to make a decision in your absence.
If you are appealing against dismissal, the date on which dismissal takes effect will not be delayed pending the outcome of the appeal. However, if your appeal is successful you will be reinstated with no loss of continuity of employment or pay.
We will inform you in writing of our final decision as soon as possible and usually within one week of the appeal hearing. If the appeal decision upholds a decision to dismiss you, the date of termination of your employment will take effect from the date on which the original dismissal was notified to you.
The Company’s decision on an appeal is final and there is no further right of appeal.
If you have a question on any aspect of our Disciplinary Procedure please ask our Head of HR.
Last updated: 07/03/19
