An employee has issued an appeal outside our time limits in the disciplinary procedure. May we reject his appeal on the ground that it is too late or might this be held against us if he pursues a legal claim?Posted in : First Tuesday Q&A NI on 1 November 2016
If an employee has received a disciplinary warning, they have the right to appeal the employer’s decision. Employer’s should explain this right to appeal in writing and should stipulate any deadlines for making an appeal. This is usually around five working days.
Employers should consider all the surrounding circumstances before rejecting the appeal as out of time. This can include the nature of the appeal and whether or not the full disciplinary procedure was satisfied during the employee’s warning and hearing stage. For example, if an employee appeals a decision out of time because they
Already a subscriber?
Click here to login and access the full article.Log in now to read the full article
Don't miss out, start your free trial today!
Are you fully aware of the benefits of Legal-Island's Employment Law Update Service? We help hundreds of people like you understand how the latest changes in employment law impact on your business.
Help understand the ramifications of each important case from NI, GB and Europe
24/7 access to all the content in the Legal Island Vault for research case law and HR issues
Ensure your organisation’s policies and procedures are fully compliant with NI law
Receive free preliminary advice on workplace issues from the employment team at Worthingtons Solicitors
Back to Q&A's This article is correct at 01/11/2016
The information in this article is provided as part of Legal-Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article.