How to handle a dismissal appeal fairly and effectively

Offering an appeal following a dismissal is only half the story. How you handle it can determine whether an otherwise fair dismissal stands – or falls.

The Acas Code of Practice makes clear that appeals should be conducted without unreasonable delay and handled impartially. In reality, the appeal stage is often the employer’s final opportunity to correct procedural flaws and demonstrate overall fairness.

The starting point is to understand the grounds of appeal. Is the employee challenging the decision itself, raising concerns about the process, or presenting new evidence? Clarifying this early will help determine whether the appeal should be a review of the original decision or a full rehearing.

The choice matters. A review focuses on whether the original decision was reasonable based on the available evidence. A rehearing, by contrast, involves reconsidering the case from scratch. Where there are allegations of bias or serious procedural defects, a rehearing is often the safer option.

Equally important is selecting the right appeal manager. The Acas Code recommends appointing someone not previously involved and, ideally, more senior. While some prior involvement will not automatically invalidate the process, independence and objectivity are critical.

Preparation is key. The appeal manager should have access to all relevant documentation, including the investigation report, disciplinary notes and outcome letter. They should understand their role and the scope of the appeal before the hearing begins.

During the hearing itself, fairness and professionalism are essential. The appeal manager should:

• Clearly explain the purpose and structure of the meeting
• Give the employee a full opportunity to present their case
• Properly consider any new evidence
• Ask neutral, clarifying questions

A common mistake is treating the appeal as a formality or “rubber-stamping” exercise. This approach is risky. In Milrine v DHL, a dismissal was found unfair because the employer failed to properly carry out the appeal process – even though the earlier stages were sound.

Ultimately, the appeal must be a genuine reconsideration. When handled well, it can rescue an otherwise flawed process. When handled poorly, it can undo even the strongest case.

About Jon Dunkley

Jon Dunkley is a Partner at Wollens and heads up the firm’s Regulatory Department. Based at our North Devon office, Jon is a highly experienced solicitor with a broad commercial and regulatory practice, supporting businesses, professionals and senior employees across a wide range of legal issues.

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