Introduction to this document
Confirmation of outcome of appeal meeting
After any appeal meeting that you’ve granted relating to the dismissal of a short-serving employee, you need to formally notify them in writing of the outcome. The decision on an appeal is final.
Uphold or reject
After hearing the employee’s submissions on appeal, there are two possible outcomes. The first is that you decide to reject the appeal. This means the decision to dismiss the employee stands. The other is that you uphold the employee’s appeal. With dismissal, it means reinstating the employee into employment as if they had never been dismissed. In this scenario, the chances are that the employee has already been out of your employment for a couple of weeks without pay. You would therefore normally be expected to pay the employee for the period between the dismissal and his or her reinstatement. Use our Confirmation of Outcome of Appeal Meeting to notify the employee of the outcome of their appeal and to spell out that the appeal is final. This letter is for use in relation to appeals against dismissal brought by employees who do not have sufficient continuity of service to claim unfair dismissal (where you have expressly granted a right of appeal - you have no legal obligation to do so unless you’ve promised an appeal as part of a relevant contractual procedure) and it should be used in conjunction with the Notification of Appeal Meeting letter. An employee can generally make a claim for unfair dismissal if they have been employed for two years or more.
Document
01 Oct 2012