Can a disciplinary outcome be increased on appeal?
Robert Miller
Updated on April 05, 2026
Can a disciplinary sanction be increased as a result of an appeal hearing? In McMillan v Airedale NHS Foundation Trust [2014] IRLR 803 CA, the Court of Appeal held that an employer does not have the right to increase a disciplinary sanction on appeal unless it expressly provides for this in its disciplinary procedure.
Can an employer appeal a disciplinary decision?
SUMMARY. An employer may not take on the right to alter a chairperson’s decision in a disciplinary hearing. To do so would be procedurally unfair. Should an employer wish to overturn the chairperson’s decision, the employee must be given a fair hearing regarding the possibility of altering the sanction.
Does a disciplinary hearing mean dismissal?
Your employer will use the disciplinary hearing as a way of explaining to you what they think you’ve done wrong and ask for your side of the situation; at the end, they’ll explain what improvement (or other outcomes) there needs to be and if they are taking any action against you (a warning, dismissal, demotion, and so …
Who should hear a disciplinary appeal?
A disciplinary appeal should be heard, where possible, by a manager who is more senior than the person who conducted the original disciplinary hearing, and who has not previously been involved in the investigation or proceedings.
How long after a disciplinary Can I appeal?
You have the statutory right to appeal against all disciplinary and grievance decisions that you consider are wrong or unfair. Your employer should inform you of your right, and the time period for doing so (usually this is up to 5 working days from the original decision).
On what grounds can an employee appeal a disciplinary decision?
new evidence has come to light that should be investigated; the sanction imposed was too severe or disproportionate to the misconduct; the sanction was inconsistent with one imposed for similar misconduct committed by another employee; there was unfairness or bias among the original decision-makers; or.
How do you beat a disciplinary hearing?
- Give yourself enough time to prepare. You are entitled to ask to reschedule your disciplinary meeting.
- Bring backup with you. Your employer must allow you to bring a work colleague or a trade union rep with you to your disciplinary hearing.
- Outline your argument.
- Bring your own evidence.
- Exercise your right to appeal.
What is the purpose of a disciplinary appeal hearing?
The purpose of the Appeal Hearing is to examine the grounds of appeal made by the employee, decide whether the outcome of the case was justified, consider any new evidence, review the decision taken at the disciplinary meeting, and consider the severity or inconsistency of the disciplinary action.
How does an employee appeal a disciplinary decision?
The ACAS Code of Practice on Disciplinary and Grievance Procedures (the “ACAS Code”) requires the employee to state their full grounds of appeal in writing and specifies that any appeal should be heard without unreasonable delay.
When does an employee have the right to appeal?
Paragraph 26 of the Acas code of practice on disciplinary and grievance procedures explains that an employee should appeal if they believe that a disciplinary decision is wrong or unjust. Consequently, employers must take a broad approach in allowing employees the right of appeal. Potential grounds of appeal could include that:
Do you have the right to be at a disciplinary hearing?
Workers have the right to be accompanied at a disciplinary appeal hearing. Do employees have the right to be accompanied to a disciplinary appeal hearing? 6. If the employee fails to attend the appeal hearing, the employer should investigate the reasons for this and rearrange where appropriate.
How does a rehearing work in a disciplinary case?
A rehearing is where the appeal officer considers the matters afresh and comes to their own decision on what should happen and be decided. This will include re-interviewing the employee and potentially witnesses to be able to come to a fresh decision. An employer’s disciplinary policy may dictate what format the appeal should take.
