A – In most cases, yes.
Most appeals are no more than an exercise in rubber-stamping, but if you fail to appeal you may be criticised by the Tribunal or have your compensation reduced.
If the decision is not overturned, you may have the right to claim unfair dismissal. If it is overturned, you may have grounds to resign and claim.
Note that you can only claim unfair dismissal if you are an employee. If you’re an agency worker, home-worker or self-employed, different rules apply.
Unfair dismissal: Step by step
Before you’re dismissed, your employer should follow these procedures, step by step.
Informal conversation
If your employer is worried about your behaviour at work, standard of work or absence from work, they should first talk to you informally.
You should keep a note of what happens, who says what, and when. If there has been a misunderstanding, you might need to provide evidence, such as a doctor’s note.
Codes of Practice
If your employer is still not happy, they should start disciplinary procedures following the ACAS (GB) or LRA (NI) Code of Practice – the Codes detail the behaviours that are fair and reasonable when dealing with a dispute.
If your employer doesn’t follow the Code and you end up taking them to an employment tribunal, they could be ordered to pay you extra compensation. In Northern Ireland, a failure to follow the Code will mean any dismissal is automatically unfair.
Again, it’s important to keep a note of everything relevant that happens.
Disciplinary meeting
The first step in the disciplinary process is for your employer to write to you giving full details about their complaint and inviting you to a meeting which should be at a reasonable time and place. The letter should explain that you have the right to bring someone to the meeting with you, such as a work colleague or trade union representative.
Your employer should not take any disciplinary action before the meeting happens.
You should take time to prepare your response or explanation before the meeting.
At the meeting, the problem will be discussed and your employer should give you the opportunity to set out your case.
After the meeting, your employer should write to you, explaining what they have decided.
If you disagree with their decision, your employer should give you the opportunity to appeal.
Appeal meeting
You should appeal in writing within a reasonable time, stating:
- You are appealing against your employer’s decision
- Why you don’t agree with the decision
As stated above, if you choose not to appeal but later decide to go to an employment tribunal and win, your compensation may be reduced.
Your employer should arrange another meeting to discuss your appeal. Again, you have a legal right to invite a work colleague or trade union representative to attend the meeting with you.
It can be difficult to remember everything afterwards, so make sure you or your companion take notes at the meeting.
After the appeal meeting, your employer should write to advise you of their decision.
If you are still not happy, you have two choices:
- Go to mediation
- Taken them to an employment tribunal
Mediation
A mediator is an independent, impartial person who will help you and your employer find a solution that everyone accepts. It might be someone that works for your organisation or your employer might pay for an external mediator.
Mediation is voluntary and confidential.
Employment tribunal
If all else fails, you should take your employer to an employment tribunal.
In most cases, you should apply to the tribunal within three months of the date you were dismissed, so it’s important to act quickly.
An employment tribunal is less formal than some other courts, but it is a legal process and you will have to give evidence under oath.
You can represent yourself at the tribunal, but many people find this challenging.
As employment lawyers, we can help you through.
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