Appeals procedure
(Updated 01.11.15)
These guidance notes outline how appeal hearings should be conducted.
All appeals should be submitted in writing to the appropriate manager in accordance with the timescales and arrangements set out in the relevant policy or procedure.
All appeals will be by way of a review and must consider each ground(s) of appeal.
The review will involve a consideration of evidence presented at the original hearing which is relevant to the ground(s) of appeal.
No witnesses will be called at an appeal hearing unless the manager considering the appeal considers it appropriate to do so, for example, where new evidence is introduced and this has not been considered at the original hearing.
The County Council reserves the right to modify, alter, or amend the procedure after consultation with the Complainant (or representative).
- The appellant and/or his/her representative shall present their case for appeal and the manager (or substitute) responsible for the initial management decision shall be entitled to question the appellant.
- The manager (or substitute) responsible for the initial management decision (e.g. dismissal or sanction, or complaint not being upheld), which is the subject of the appeal, shall respond to the appeal and the appellant and/or his/her representative shall be entitled to question the officer (or substitute).
- The manager and the appellant and/or his/her representative shall then be allowed to sum up.
- At any stage during the appeal, the manager considering the appeal shall be entitled to question both parties.
- Both parties to the appeal shall withdraw and the manager considering the appeal shall reach a decision in private which shall be confirmed in writing to both parties within a reasonable timescale.