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Introduction to this document

Letter following disciplinary appeal hearing

After the disciplinary appeal hearing, you need to formally notify the employee in writing of the outcome. The decision on an appeal is normally final unless your disciplinary procedure specifically contains a right of further appeal to a higher level of management.

Uphold or reject

After hearing the employee’s submissions on appeal, there are two possible outcomes. The first is that you decide to reject the appeal. This means the decision to issue a warning to or to dismiss the employee stands. The other is that you uphold the employee’s appeal. In the case of a written warning, this would mean removing it from the employee’s personnel file as if it were never issued. With dismissal, it means reinstating the employee into employment as if they had never been dismissed. In this scenario, the chances are that the employee has already been out of your employment for a couple of weeks without pay. You would therefore normally be expected to pay the employee for the period between the dismissal and his or her reinstatement. Use our Letter Following Disciplinary Appeal Hearing to notify the employee of the outcome of their appeal and to spell out that the appeal is final. Then, place a copy on the employee’s personnel file. Finally, where the original disciplinary sanction was imposed in relation to two or more misconduct offences and the employee’s grounds for appeal covers them all, ensure that your letter clearly deals with the appeal outcome on everything - don’t leave any important matters out.