Managing Underperformance Policy and Procedure

10. APPEALS
Appeals should be dealt with speedily and should not be unduly protracted although this should not
prejudice the thoroughness of any investigation.
If an employee disagrees with a decision made at a formal stage of the Managing Under-Performance
Policy, then they must write and ask for this review within 7 days of the outcome of the meeting. This
must be made to the Area Manager, HR, setting out the grounds for their appeal The following
Managers will hear the appeal case:
Informal Stage
First formal stage
Second formal stage
Third Formal stage
No right of appeal
Manager above that that carried out the 1 st formal meeting
Manager above that that carried out the 2 nd formal meeting
Director of the employee
The above appeal managers may be more senior depending on the status of the employee.
If an ‘appeal’ manager has had some previous involvement in the case then the Head of Human
Resources in consultation with the relevant Director, allocate a different Manager to hear any appeal.
This procedure would apply at any stage if it was felt that due to the complexity of the case or the
involvement of the manager that this would be necessary to ensure a fair and equitable hearing.
Should the original under performance sanction be applied by the CFO, then the appeal would be to a
panel of elected Members of the Fire Authority. In such circumstances, the Head of Human
Resources, or more senior officer if necessary, will refer the matter to the Clerk to the Fire Authority.
The Clerk, in consultation with the Chairman of the Executive Committee, will arrange for three
members of the Committee to form a panel, to hear the case in accordance with the sections above.
Should the original under performance sanction be applied by elected members of the Executive
Committee, the appeal would be to the full Fire Authority. In such circumstances the Clerk, in
consultation with the Chairman of the Fire Authority, will arrange for three members of the Authority to
form an appeal panel. The three members must not have had previous formal involvement in the
case.
Appeal at Formal Stage 1 &2
The appeal hearing will be conducted by the next manager above that that conducted the formal
under performance meeting.
The employee should be provided with 7 working day’s notice of the appeal hearing from HR on
behalf of the respective appeal manager. Details of the hearing, reason for appeal and representation
rights will also be confirmed in writing.
Employees have the right to a union representative or work colleague accompany them at an
appeal hearing. If an employee’s representative or colleague cannot attend a proposed date the
employee can suggest another date, so long as it is reasonable and is not more than 7 working days
after the original date.
Both parties will provide any evidence that they wish to refer to, to HR for circulation at least three
days prior to the hearing.
Both parties will outline their case and questions may be asked by both parties, and the appeal
manager. At the end of the meeting, the manager will adjourn to consider his/her decision. The
following options will be considered.
o
o
o
Reject the appeal
Amend the original decision by imposing a lower sanction
Uphold the appeal and withdraw the original decision
Department: Human Resources
Author: Catherine Moroney - HR
Approval: Policy Development Forum/Standards Committee
Issue number: 02
Issue date: 14.09.08
Review Date: In line with new legislation/codes of practice