Appeal Against Dismissal

Our employment lawyers are experts in navigating employer’s internal disciplinary and appeal procedures. We are specialists in preparing for appeals including drafting the appeal documents and collating supporting evidence, as well as preparing you for the meeting and advising you on what tactical decisions to make.

Employees will often wish to raise an appeal against a dismissal either to get their job back and / or to clear their name. Where an employee wishes to appeal a dismissal they ought to inform their employer in writing, giving the full grounds of their appeal, within a reasonable period of time. Employers will often set a deadline for submitting an appeal and you shouldn’t necessarily be deterred from pursuing an appeal if you have missed that deadline. Providing you act reasonably, an employer ought to properly consider your appeal. Of course, this will depend upon the facts and circumstances.

If the employee pursues an appeal but the employer either refuses to hear the appeal or fails to hear the appeal in a reasonable manner; the Tribunal may find that the dismissal was unfair and, in accordance with the ACAS Code of Practice, the compensation awarded should be increased by up to 25%.

However, if an employee fails to pursue an appeal and later goes on to win a claim for unfair dismissal, the Tribunal may reduce the compensation awarded by up to 25% in accordance with the ACAS Code of Conduct.

Often, where an employee is dismissed by reason of misconduct they may need to make a very careful decision as to whether or not to appeal the dismissal. This is because it is possible for an employer to correct their previous failings and ensure that the dismissal is fair at the completion of the appeal but still leave the employee dismissed and without a job.

Our Employment Advice Services

Our specialist Employment solicitors can assist you by: –

1. Advising you on the legality of the original decision to dismiss.
2. Advising you whether or not it is in your interests to appeal, and if so, where to put the emphasis.
3. Help you to devise a strategy.
4. Drafting a persuasive appeal document and collating the supporting evidence.
5. Preparing you for the appeal hearing.
6. Assist you to bring a claim in the Employment Tribunal.

We are able to offer very competitive rates and fixed fee packages for our work. All our initial advice is provided by qualified solicitors and offered for free, so please call us on 0844 800 9860 or request a call back through our website.