Policy 4.5 Appeals Against Capability Dismissal Decisions Dissm

4.5 Appeals Against Capability Dismissal Decisions*

Any appeal against dismissal on the grounds of capability need to be made within ten working days of the dismissal and needs to be made to the relevant director outlined in the dismissal letter. The dismissal decision may be upheld or a decision may be made to reinstate you into your job. The member of staff will be given five days written notice of the time and place of the Appeal Meeting. If the time or date is inconvenient then a further date will be agreed for up to five days later.

The chairperson of the Appeal Meeting will invite you to state the grounds of your appeal. Following the Appeal Meeting the chairperson will either uphold the warning or overturn it.

An appeal is designed to remedy any defects in the performance procedure rather than repeat the process. You must state the grounds or reason for your appeal. Grounds for an appeal are:

· Unfairness of judgement

· Severity of action

· New evidence coming to light

· Procedural irregularities

· Mitigating circumstances

· Bias of dismissal manager

You will be informed of the outcome of the appeal in writing and this outcome will then be final.