uuid : 359a45e1-b498-4204-bb43-0ae313ee6ff0 templates_id: 117416 templates_uuid: "2298c047-e6a5-463f-b89b-d29683b54b9c" title: "Poor Performance Appeal Hearing Letter - Notice of Poor Performance Appeal" display_name: "Invitation letter to a poor performance appeal hearing" meta_keywords: "Poor performance appeal notficiation" description: "

This document is GDPR compliant.

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Make sure you do things right when you invite an employee to a poor performance appeal hearing, with this invitation to a poor performance appeal hearing. The notice of poor performance appeal hearing sets out in clear and simple terms the process to be followed and the employee\'s rights, helping ensure that the employer complies with the laws on performance evaluation.

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When to use

Use this letter

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What it covers

This letter covers

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What is an invitation letter to a disciplinary appeal hearing for poor performance?

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An invite to an appeal hearing should be sent out in advance of any appeal which follows the initial disciplinary hearing.

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Why do I need a appeal invitation?

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If you are formally disciplining an employee and the employee requests an appeal this letter helps to ensure an employer complies with the laws on unfair dismissal. In particular it is designed to fulfil certain requirements of the statutory ACAS Code of Practice on Disciplinary and Grievance Procedures.

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Do I need to allow an appeal?

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The right to appeal against the outcome of disciplinary action is an important element of a fair disciplinary process and the ACAS Code of Practice on Disciplinary and Grievance Procedure states that the employee should be given the right to appeal against any disciplinary sanction or decision imposed.

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What details should be included in the letter?

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Make sure that you include enough information about the appeal hearing. It is important to agree a time and venue for the appeal hearing, along with who will be conducting the appeal hearing. If the appeal hearing is a review of the original decision or a full re-hearing of the case, then state this. It is important to notify the employee of their right to be accompanied at the appeal hearing. This is a statutory requirement.

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How should the appeal hearing be conducted?

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The appeal may proceed either as a full rehearing, effectively re-running the first stage of the process or as a review, where the procedural fairness and severity of the original decision will be scrutinised by a new person. An effective right to appeal can remedy procedural defects in the original decision, if correctly handled. for further information read How to run a disciplinary hearing.

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Do I need to comply with the ACAS Code?

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Compliance with the ACAS Code of Practice on Disciplinary and Grievance Procedures will be taken into account by an employment tribunal in deciding whether an employee has been treated fairly and can also impact on the amount of compensation awarded if the case went to court.

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Care must be taken to ensure that in addition to the ACAS code and any guidance on disciplinary matters arising under common law, any specific contractual rights of the employee and policies of the employer are complied with. The contract of employment should be checked and also any written disciplinary policy.

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Who should run the appeal?

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The ACAS code states that an appeal hearing should be conducted by a manager or other senior member who has not previously been involved in the proceedings. It is not essential that the person hearing the appeal is more senior but this is recommended to ensure impartial decisions and overall fairness.

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Who else should be present at the hearing?

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The ACAS Code of Practice on Disciplinary and Grievance Procedures says that the employee must have a reasonable opportunity to call witnesses to the hearing and the opportunity to make points to the meeting about witness evidence.

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If possible it can be useful to have an HR person present to ensure the right process is followed. You should also have someone there to take minutes of what happens at the meeting. Also, a witness may be present.

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Can increased sanctions be imposed as a result of an appeal?

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No. The ACAS Code of Practice on Disciplinary and Grievance Procedures says that appeals cannot result in an increased sanction as it may deter individuals from appealing.

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If the appeal does result in an increased sanction, it is advisable to offer a second appeal against the new sanction.

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When should an appeal decision be provided?

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Employers should inform the employee of the appeal outcome in writing as soon as possible after the hearing.

" created_timestamp: "2018-05-25 03:17:34.0" modified_timestamp: "2018-05-25 03:17:34.0" active: true created_by: 236 modified_by: 236 dcm_id: 256 url_slug: "Letter-inviting-an-employee-to-an-appeal-hearing-relating-to-poor-performance" meta_description: "Create an invitation letter to a poor performance appeal hearing with simple guidance from Rocket Lawyer. Make sure you do things right when you invite an employee to a poor performance appeal hearing. Try this notice of poor performance appeal hearing. " time_to_complete: "10 minutes" role1: "Employer" role2: "Employee"

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Poor Performance Appeal Hearing Letter - Notice of Poor Performance Appeal

Overview of the Invitation letter to a poor performance appeal hearing

This document is GDPR compliant.

Make sure you do things right when you invite an employee to a poor performance appeal hearing, with this invitation to a poor performance appeal hearing. The notice of poor performance appeal hearing sets out in clear and simple terms the process to be followed and the employee's rights, helping ensure that the employer complies with the laws on performance evaluation.

When to use

Use this letter

  • when you want to invite an employee to attend a hearing to consider an appeal from the outcome of a poor performance hearing
  • only for employees based in England and Wales

What it covers

This letter covers

  • details of the appeal hearing
  • procedural arrangements for the appeal hearing
  • additional documents and evidence
  • who will be present at the hearing
  • the employee's right to have a companion present at the hearing

What is an invitation letter to a disciplinary appeal hearing for poor performance?

An invite to an appeal hearing should be sent out in advance of any appeal which follows the initial disciplinary hearing.

Why do I need a appeal invitation?

If you are formally disciplining an employee and the employee requests an appeal this letter helps to ensure an employer complies with the laws on unfair dismissal. In particular it is designed to fulfil certain requirements of the statutory ACAS Code of Practice on Disciplinary and Grievance Procedures.

Do I need to allow an appeal?

The right to appeal against the outcome of disciplinary action is an important element of a fair disciplinary process and the ACAS Code of Practice on Disciplinary and Grievance Procedure states that the employee should be given the right to appeal against any disciplinary sanction or decision imposed.

What details should be included in the letter?

Make sure that you include enough information about the appeal hearing. It is important to agree a time and venue for the appeal hearing, along with who will be conducting the appeal hearing. If the appeal hearing is a review of the original decision or a full re-hearing of the case, then state this. It is important to notify the employee of their right to be accompanied at the appeal hearing. This is a statutory requirement.

How should the appeal hearing be conducted?

The appeal may proceed either as a full rehearing, effectively re-running the first stage of the process or as a review, where the procedural fairness and severity of the original decision will be scrutinised by a new person. An effective right to appeal can remedy procedural defects in the original decision, if correctly handled. for further information read How to run a disciplinary hearing.

Do I need to comply with the ACAS Code?

Compliance with the ACAS Code of Practice on Disciplinary and Grievance Procedures will be taken into account by an employment tribunal in deciding whether an employee has been treated fairly and can also impact on the amount of compensation awarded if the case went to court.

Care must be taken to ensure that in addition to the ACAS code and any guidance on disciplinary matters arising under common law, any specific contractual rights of the employee and policies of the employer are complied with. The contract of employment should be checked and also any written disciplinary policy.

Who should run the appeal?

The ACAS code states that an appeal hearing should be conducted by a manager or other senior member who has not previously been involved in the proceedings. It is not essential that the person hearing the appeal is more senior but this is recommended to ensure impartial decisions and overall fairness.

Who else should be present at the hearing?

The ACAS Code of Practice on Disciplinary and Grievance Procedures says that the employee must have a reasonable opportunity to call witnesses to the hearing and the opportunity to make points to the meeting about witness evidence.

If possible it can be useful to have an HR person present to ensure the right process is followed. You should also have someone there to take minutes of what happens at the meeting. Also, a witness may be present.

Can increased sanctions be imposed as a result of an appeal?

No. The ACAS Code of Practice on Disciplinary and Grievance Procedures says that appeals cannot result in an increased sanction as it may deter individuals from appealing.

If the appeal does result in an increased sanction, it is advisable to offer a second appeal against the new sanction.

When should an appeal decision be provided?

Employers should inform the employee of the appeal outcome in writing as soon as possible after the hearing.

Sample Invitation letter to a poor performance appeal hearing

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This document is also sometimes called: Poor performance appeal notficiation.