1.1. Appeals must be submitted in writing to the Director of Employee Relations and Policy no later than five working days after receipt of the decision in writing.
1.2. Appeal hearings may be a review of the decision made at the Grievance Hearing or a re-hearing. Employees must be specific about the grounds of the appeal as these will form the agenda for the Appeal Hearing and may determine who should be present. If an appeal is submitted on the basis of seeking a re-hearing this must be clearly stated. Appeals may be raised on any grounds including:
- procedure - a failure to follow procedure at the Grievance hearing;
- the decision - the evidence did not support the conclusion reached;
- any proposed action - was inappropriate given the circumstances of the case;
- new evidence - which has come to light and was not available at the Grievance hearing.
The complainant should also outline the remedy or outcome sought.
1.3. The Appeal will be heard by a panel comprising three trained members of staff1 who will not previously have been involved in the case. This panel will be appointed by the Director of Employee Relations and Policy and will include one trade union representative2 a senior manager, and a Chair, who is more senior to the Chair of the original panel. Where it is not possible to convene a panel with this composition within a reasonable timeframe a panel of three trained staff will be convened by the HR in consultation with the relevant Dean or Vice-Provost. The panel will be advised by an HR representative and HR will provide a note taker.
1.4. Appeal arrangements should be confirmed as soon as reasonably practicable after receipt of the appeal. The complainant should be given a minimum of ten working day’s advance notice of the time, date and place of the appeal hearing once it is scheduled. They will also be advised that they are entitled to be accompanied by a companion. The complainant should notify the Appeal Chair of any new witnesses they wish to appear at the Appeal hearing at least eight working days before the hearing date.
Appeal Hearing Procedure
1.5. At the Appeal Hearing the Chair of the appeal panel will explain the purpose of the meeting, how it will be conducted, and the action which may be taken as a result of the hearing. Depending on the circumstances, the Hearing Manager/Panel Chair who heard the formal grievance may be requested to attend in order to outline the reasoning behind their original decision.
1.6. The employee (or their companion) will be asked to explain their grounds of appeal including any new evidence they may wish to introduce. In the event of new witnesses being presented all parties will have the opportunity to question them. At the end of the hearing the employee (or their companion) should have the opportunity to summarise the case.
1.7. A decision on the appeal should be made in a prompt manner, having given due consideration to all the evidence presented and conducted any further investigations required.
1.8. The result of the appeal will normally be notified to the complainant in writing by the Director of Employee Relations and Policy no later than five working days after the decision is made. The notification should outline the decision made, reasons for the decision and if appropriate actions required for the redress of the Grievance. A copy should also be sent to the respondent(s) against whom the grievance was raised. The Director of Employee Relations and Policy will, where appropriate, forward the report to the relevant senior manager/Head of Department for action.
1.9. The decision of the Appeal panel is final, however staff covered by Statute 18 may refer the Grievance to the Provost.