Disciplinary Appeal Letter

What is a disciplinary appeal letter?

A disciplinary appeal letter is a letter used by an employee to appeal a disciplinary penalty made by an employer relating to the employee's performance at work. It signifies that a formal appeal has been raised by the employee in relation to a disciplinary action given with regard to the employee's performance.

Is it mandatory to have a disciplinary appeal letter?

Yes, It may be mandatory to have a disciplinary appeal letter if the employer's disciplinary policy states that it is required when raising an appeal. Even where the employer's policy does not provide for this, it is still highly recommended to have one as a means of documenting the employee's case in the event of escalation.

What are the prerequisites of a disciplinary appeal letter?

Before a disciplinary appeal letter can be used, the employee should have already received a warning letter from the employer about a disciplinary action being taken against the employee in accordance with the employer's policy.

Who is involved in a disciplinary appeal letter?

The parties involved are the employee, who is the sender of the disciplinary appeal letter, and the employer, who is the recipient. The recipient may also be a specific person within the employer's organisation (e.g. the HR Manager) who will receive and handle these types of matters within the employer's organisation.

What has to be done once a disciplinary appeal letter is ready?

The completed letter should be signed and dated by the employee appealing against the disciplinary action.

It should then be provided to the appropriate individual within the employer's organisation who will be responsible for investigating the appeal (e.g. the HR Director) or in any other way stipulated in the employer's internal Disciplinary Procedure.

The employee appealing against the disciplinary action may wish to keep a copy of the document in case the employer loses or claims never to have received the original.

Which documents should be attached to a disciplinary appeal letter?

The employee can attach evidences to the letter to further support their appeal. These include:

• Correspondences surrounding the issue;
• Witness statements of colleagues and co-workers;
• The employee's performance records; or
• Medical records (if applicable).

What must a disciplinary appeal letter contain?

A disciplinary appeal letter must contain:

• The name and address of the employee (if being sent by post);
• The name and address of the employer (if being sent by post);
• The name of the person within the employer who will receive the letter (if applicable);
• The date of the letter; and
• The reasons for the appeal.

Which laws are applicable to a disciplinary appeal letter?

Employment Rights Act 1996

Employment Act 2002

Acas Code of Practice

LRA Code of Practice on Disciplinary and Grievance Procedures

UK Government Guidance on Dismissal

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