Appeal
They've appealed the decision. This is your chance to get it right.
An appeal is your last opportunity to put a fair process on record, before a tribunal is.
An employee has appealed a disciplinary, dismissal or grievance outcome. Handled well, an appeal can settle the matter and repair earlier mistakes. Handled badly, it confirms them.
Supporting owner-managed businesses across Oxfordshire, Wiltshire, Berkshire and the UK.
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★★★★★ 5.0 on Google reviews · FCIPD Chartered Fellow
Written and reviewed by Samantha Newton FCIPD, Chartered Fellow CIPD · 25+ years' employee relations experience · Last reviewed August 2026
What's probably happening right now
You've reached a decision, a warning, a dismissal, or a grievance outcome, and the employee has appealed it. That's their right, and in almost all cases you have to hear it.
It's tempting to treat the appeal as a formality, or to have the person who made the first decision hear it. Both are mistakes. An appeal has to be a genuine reconsideration, by someone who wasn't involved the first time.
The appeal is also your safety net. If something went wrong earlier in the process, a fair appeal is often the one chance to put it right before it reaches a tribunal.
Typical situations supported
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Where appeals go wrong for employers
Most appeal problems come from treating it as a box to tick rather than a real review. Common mistakes include:
The same manager who made the original decision hearing the appeal
Refusing to hear an appeal at all, or dragging out arranging it
Treating the appeal as a rubber stamp rather than a genuine reconsideration
Not allowing the employee to be accompanied at the appeal hearing
Ignoring new evidence or points the employee raises
Giving a vague outcome with no clear reasons in writing
A dismissal that was borderline can become clearly unfair if the appeal is handled dismissively. Equally, a fair, thorough appeal can rescue an earlier process that wasn't perfect.
What's at stake
What's actually at risk
Up to 25%
How much a tribunal can increase an award when the ACAS Code, including the right of appeal, isn't followed properly.
- A refused or mishandled appeal is one of the clearest procedural failures a tribunal looks for, and it can turn a defensible decision into an unfair dismissal finding.
- The appeal is often the last moment you can correct an earlier misstep. Waste it, and the mistake is locked in.
- Handled fairly, an appeal can end the matter entirely, with the employee accepting the outcome and no claim following.
Most appeals that end up at tribunal had a clear opportunity, at the appeal stage, to resolve or contain the situation. The appeal is not the end of the process. It's your best chance to protect the business.
How Magenta HR helps
In a single session, Samantha will look at how the decision was reached, identify any risks in it, and give you a clear plan for running a fair appeal from here:
A check on whether the original decision and process were sound
Advice on who should hear the appeal, and why it can't be the original decision-maker
How to handle new evidence or points raised in the appeal
Structure for the appeal hearing and what to record
Support drafting the appeal outcome letter, with clear reasons
An honest view on whether the decision should stand, be varied, or be overturned
Written summary of the process and next steps within 48 hours
You deal directly with Samantha, someone who has handled appeals that saved decisions, and appeals that sensibly changed them. Not a helpline, not a junior.
The Magenta Method
From problem to sorted, in four clear steps
A clear, four-step approach so you always know where you stand and what happens next.
Understand
We get a clear, honest picture of what's really going on, beneath the surface.
Assess the risk
Your legal exposure and commercial impact, explained in plain English.
Plan the right path
Realistic options and the correct steps, in order, written up within 48 hours.
Resolve & protect
Support through it, then keep you protected so the next issue is caught early.
Real situation · anonymised
Appeal
A dismissal appeal, handled fairly, that held
The dismissal was right. The first process wasn't perfect.
Situation
An owner had dismissed an employee for misconduct, but the original hearing had gaps, thin notes and a rushed timeline. The employee appealed, and the owner was worried the whole thing would unravel at tribunal.
What changed
The appeal was heard by someone not previously involved, the employee's points were genuinely considered, new evidence was weighed, and the reasons were set out clearly in writing.
Outcome
The dismissal was upheld on a sound, well-documented basis. The fair appeal repaired the earlier gaps. No tribunal claim followed.
Owner, professional services
Reviewed by Samantha Newton FCIPD, Chartered Fellow of the CIPD, with 25+ years handling situations like this.
Common questions
Do I have to let an employee appeal?+
In almost all cases, yes. The right of appeal is a core part of a fair process under the ACAS Code, and refusing one is one of the most damaging procedural failures at tribunal. Even where there's no strict legal duty, offering an appeal is almost always the safer commercial choice.
Can the person who made the original decision hear the appeal?+
No, wherever possible. An appeal should be heard by someone who wasn't involved in the original decision, ideally more senior. In a small business with no obvious independent person, there are practical ways to handle this, and it's exactly the kind of thing to get advice on.
We're a small business. There's no one independent to hear it. What do I do?+
This is one of the most common problems owner-managers face. Options include using a different director, a trusted external HR professional, or Samantha acting as an independent appeal manager. What you can't do is have the original decision-maker simply confirm their own decision.
The appeal raises new evidence. Do I have to consider it?+
Yes. A genuine appeal means genuinely reconsidering, including any new evidence or points the employee raises. Ignoring them makes the appeal look like a rubber stamp, which undermines the whole process.
Can an appeal make things worse?+
It can if it's handled dismissively, because a poor appeal confirms an unfair process. But a fair, thorough appeal usually makes things better, and is often the one chance to repair an earlier misstep before it reaches a tribunal.
What if I realise, during the appeal, that the original decision was wrong?+
Then the appeal has done its job. It's far better to vary or overturn a decision at appeal than to defend an indefensible one at tribunal. Samantha can help you reach the right, commercially sensible outcome.
How long do I have to arrange an appeal?+
Without unreasonable delay. There's no fixed statutory deadline, but you should acknowledge the appeal promptly and arrange the hearing within a reasonable timeframe. Dragging it out is itself a procedural risk.
Does the employee have the right to be accompanied at the appeal?+
Yes. The statutory right to be accompanied by a colleague or trade union representative applies to appeal hearings as well as the original hearing. Failing to offer it is a procedural error.
Ready to sort this out
Get a clear, honest read on your situation
Start with the free Situation Check to understand exactly what you're dealing with, or book a free consultation and talk it through with Samantha directly.
Not ready to book? Just tell me what's going on and I'll come back to you.
You deal directly with Samantha, no call centre, no junior, and if you can handle it yourself, she'll tell you. Getting it wrong can run to five figures; a focused session starts from £495 + VAT, with a written plan in 48 hours.
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