Appeal
You may appeal against any decision under our Performance Procedure, including dismissal, to a director of T&H who has not previously been involved in your case within 5 working days of the decision. You should make your appeal in writing, stating the full grounds of your appeal.
We will give you written notice of the date, time and place of the appeal meeting. This will normally be two to seven days after you receive the written notice. The timing of the appeal will enable you to have a reasonable time to prepare your case. If the date and time of the appeal we set is not convenient, you should let us know immediately and we will endeavour to reschedule the hearing. However, it is in everyone’s interests that the appeal takes place as soon as possible. You must make every effort to attend the appeal and failure to attend without good reason may 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.
The appeal will be heard by a director of the company who has not been involved in your grievance or the initial hearing, although your Line Manager and our Head of HR may attend. 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 hearing and failure to do so may 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.
You should also let us know, in advance, if there is any additional evidence you wish to be considered. You must provide copies of any additional written evidence you wish us to consider at least three working days before the appeal. If necessary, we may reschedule the hearing to allow us to properly consider your written evidence.
The appeal hearing may be a complete re-hearing of the matter or it may be a review of the fairness of the original decision in the light of the procedure that was followed and any new information that may have come to light. This will be at our discretion depending on the circumstances of your case. In any event, the appeal will be dealt with as impartially as possible. A hearing may be adjourned if we need to gather any further information or give consideration to matters discussed at the hearing. You will be given a reasonable opportunity to consider any new information obtained before the hearing is reconvened and to state your case.
The director will confirm to you in writing the results of the appeal, usually within one week of the appeal hearing, and outline the reasons for the decision reached. The decision may be:
(a) To confirm the original decision;
(b) To revoke the original decision; or
(c) To substitute a different penalty.
If the appeal decision upholds a decision to dismiss you, the date of termination will take effect from the date on which the original dismissal was notified to you. There will be no further right of appeal. However, if your appeal is successful you will be reinstated with no loss of continuity or pay.
If you have a question about any aspect of our Performance Procedure please contact our Head of HR.
Last updated: 07/03/19
