Appealing against a disciplinary decision

Summary

The time limit to go to the Employment Tribunal isn't affected by your appeal. Don't wait for the outcome of your appeal if you're close to the Employment Tribunal deadline. You have 3 months less 1 day to make an Employment Tribunal claim. For example if the disciplinary action was on 13 July you have until 12 October to make a claim. Check how to start an Employment Tribunal claim. How should you appeal against your employer's decision? When your employer writes to give you their decision, depending on the reason for the disciplinary action, they should set out: * what you did wrong and the likely consequences of further misconduct if the hearing was for the way you have behaved at work * what improvement they expect and within what period if the hearing was to take action about how well you do your job * what penalty they are imposing and, if appropriate, how long it will last * the deadline for appealing against the decision If they don't tell you how to appeal when they inform you of their decision, you should look at your employer's policy to see what it says about appealing against their decision. If there is no policy or the policy doesn't say anything about appealing, you.

Key information

• what you did wrong and the likely consequences of further misconduct if the hearing was for the way you have behaved at work
• what improvement they expect and within what period if the hearing was to take action about how well you do your job
• what penalty they are imposing and, if appropriate, how long it will last
• the deadline for appealing against the decision
• how your employer took disciplinary action against you - for example, if they didn’t follow their own disciplinary policy or the Acas Code of Practice
• the fairness of the disciplinary process - for example, if your employer didn't tell you about your right to be accompanied or didn't give you the evidence and information before a disciplinary hearing
• the evidence your employer used to make their decision - for example, if they believed something to be true without evidence or without enough evidence to support it
• the decision your employer made - for example, if they have acted differently in the past in similar cases or the disciplinary action they're proposing is too harsh
• a review of the disciplinary action against you with no further hearing
• Preparing for a disciplinary meeting
• Who can accompany you to a disciplinary meeting
• Acas guide to discipline and grievances at work

Practical guidance

• Source: Appealing against a disciplinary decision

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