Independent Appeal Chair for Disciplinary & Grievance Appeal

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Employers should consider appointing an independent appeal chair where a disciplinary or grievance outcome is challenged and internal impartiality, experience or availability is limited.

You've had a disciplinary hearing or grievance process and now it has been appealed. The appeal chair must have the authority to overturn the decision made and must be suitably trained and experienced. 

You may need an independent appeals chair to ensure:

• an appeal is heard in a timely manner
• the appeal is heard by an independent person
• the employee feels that it is being handled fairly and seriously
• you comply with the Acas Code

Appointing an independent specialist appeal chair should also be considered where:

• A senior employee is involved
• It is a high-risk or sensitive case
• There is a significant employment tribunal risk

Using an internal resource is often fine and is the default method. However, you need to ensure you have a suitable person who:

• is trusted to be independent
• has been adequately trained
• has not been involved previously
• is independent
• has adequate time 

David is an experienced employment law expert and appeal chair.  As a specialist employment lawyer and former law firm partner with over 30 years’ experience, David can act as your appeal chair and deliver an independent, comprehensive, fair, and compliant appeal.

Find out more about David's background and experience here.

David can ensure that you comply with the Acas Code when holding your appeal.  The Acas Code can be found here.

The Acas Code deals with impartiality and this is crucial in the appeals process.

• Where an employee feels that disciplinary action taken against them is wrong or unjust they should appeal against the decision. Appeals should be heard without unreasonable delay and ideally at an agreed time and place. Employees should let employers know the grounds for their appeal in writing
• The appeal should be dealt with impartially and, wherever possible, by a manager who has not previously been involved in the case

You may have an unusually complex case, or an inexperienced chair. An option for you if you don't want to appoint an independent person to hear the appeal alone is to appoint David as a mentor or co-chair.

David can act as co-chair and, by doing this, can take on some of the key procedural steps, or help your internal manager with the burden.

In such a case, your manager will be the ultimate decision maker but will have help and support with the process.