Appeals – how to handle the dismissal process 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.

Organise it impartially and without unreasonable delay

The Acas Code of Practice makes clear that appeals should be conducted without unreasonable delay and handled impartially.  The appeal stage is often a final opportunity to correct any procedural flaws and demonstrate overall fairness.

Establish the grounds of appeal

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.

Review or rehearing – two different concepts

• Review – focuses on whether the original decision was reasonable based on the available evidence.
• Rehearing – involves reconsidering the case from scratch. Where there are allegations of bias or serious procedural defects, a rehearing is often the safer option.

Find an appropriate appeal manager

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 preparation preparation!

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

During the appeal hearing

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

Don’t treat the appeal as a mere formality

A common mistake is treating the appeal as a “rubber-stamping” exercise. This approach is risky. In February 2026, Milrine v DHL found that a dismissal was unfair because the employer failed to properly carry out the appeal process – even though the earlier stages were sound.

HR takeaway

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.

Further reading:

• Why-the-appeal-stage-really-matters – March 2026 – Hunter Law
• Disciplinary-procedure-step-by-step – ACAS

---