On rare occasions, you might need to conduct your disciplinary procedure with an employee. When this happens, it's best you give them the right to appeal any decision you make regarding their employment.
In this guide, we'll discuss appeal hearings, the law surrounding them, and your responsibility as an employer.
What is an appeal hearing?
An appeal hearing may be defined as a hearing whereby an employee has the opportunity to appeal the outcome or decision of a particular process.
Are employees in Ireland entitled to the right to appeal?
While employees in Ireland are not automatically entitled to a right of appeal, many employers allow for a right of appeal in their internal procedures as single “no-recourse” procedures are not exactly conducive to effective employee/employer relations or to an atmosphere of trust in the workplace.
Furthermore, an appeal process contributes to the fairness and transparency of a company’s internal procedures and the lack of an appeal in a particular process is generally viewed unfavourably by the Labour Relations Commission, Labour Court, Equality Tribunal and Employment Appeals Tribunal (LRC, ET, LC & EAT).
Why do employees use the right to appeal during disciplinary action?
Usually, in a disciplinary scenario, an employee would appeal a decision in the hope of a lesser sanction or more satisfactory outcome for him or her. Conversely, it is also possible that the severity of the sanction be increased at the appeal stage where there are justifiable reasons for doing so.
Who carries out an appeal hearing?
In the interest of fairness and for an unbiased outcome, the appeal is usually carried out by someone unconnected to the original disciplinary process or decision and the appeals chairman must not be in a junior position to the person who reached the original decision in order to maintain impartiality.
Get expert advice on appeal hearings from Peninsula
Peninsula offers 24/7 HR advice support which is available 365 days a year.
Want to find out more? Contact us on 1800 719 212 and book a free consultation with one of our HR consultants.
