How to arrange an Appeal Hearing/Meeting
For all Procedures
(Preparation to be undertaken prior to the hearing/meeting)
The below checklist is for guidance purposes only.
Please ensure that all discussions during this process are fair, appropriate and above reproach.
- Ensure that a letter has been issued to the employee who is appealing to acknowledge receipt of their written statement of appeal.
- Identify and organise an appropriate panel (see ‘Appeal’ section of the relevant procedure for information on panel composition).
- Book a main meeting room, and if appropriate, organise 2 separate private spaces where the member[s] of the original hearing/meeting panel and the employee appealing may adjourn to.
- Send a letter of notification of the hearing/meeting to all the panel members (see template memo) and respondents (see template letter).
- See Template Letter.
- Ensure at least 7 calendar days written notice of the meeting has been given to the employee prior to date of hearing.
*If appropriate (Not usually required in Sickness Capability cases)
- If any relevant witnesses are requested ensure these are contacted, requesting their attendance at the hearing. A relevant witness is one that can contribute to the facts of the case or the surrounding circumstances. Any concerns regarding the ‘relevance’ of any witness should be raised with the Chair of the Panel, who will have the final decision as to whether such a witness will be permitted, after receiving representations from the employee about why the particular witness should be called to give evidence.
- Initial contact is often made via phone rather than letter, to enable the request to be fully explained to the witness and any queries to be addressed promptly. Details as to any arrangements should then be followed up in writing (see template letter).
- Ensure any documentary evidence made available at the original hearing is made available for reference purposes in the appeal, by forwarding to all parties at least 7 calendar days in advance of the meeting/hearing (21 calendar days for academic, teaching and research staff, unless agreed by all parties that a shorter period would be appropriate).
- Ensure any new evidence/information provided by either party is forwarded to all parties at least 7 calendar days in advance of the hearing/meeting (21 calendar days for academic, teaching and research staff, unless agreed by all parties that a shorter period would be appropriate).
- (These will often be provided simultaneously)
- Consider any reasonable adjustments that may have been requested by any of the parties in relation to the hearing/meeting.
- Ensure confirmation is gained from the staff member who is appealing, as to their ability to attend the appeal hearing and confirm if they will be accompanied.
- If the member of staff is anticipated to be absent due to ill health when the hearing is scheduled to take place, the usual expectation is that they should still attend the hearing. Managers may seek to refer to Workplace Health & Wellbeing where uncertain due to the nature of their illness, as to the staff members fitness to participate in any formal process (seek HR advice as appropriate).
- See guidance on “How to Chair an Appeal Hearing/Meeting”.
- Ensure the chair of the appeal panel has copy of the guidance on “How to Chair an Appeal Hearing/Meeting”.