What Happens at a Grievance Appeal Hearing

Most employers who find themselves facing a grievance appeal have never run one before. That is not a criticism. Formal grievance appeals are relatively rare in small and growing organisations, and there is no particular reason why a founder, director, or senior manager would have detailed procedural knowledge of how one works unless they have been through it previously. The problem is that by the time they need to know, the stakes are already high.

This post explains what a grievance appeal hearing actually involves, what each party can expect, and what a well-run process looks like from start to finish. It is written primarily for employers and managers, but it is also relevant for employees who want to understand the process they are entering.

Why the appeal stage matters more than most employers realise

The original grievance hearing gets most of the attention. But the appeal is often the more consequential stage, for a simple reason: it is usually the last internal opportunity to get the process right before an employment tribunal claim becomes a realistic prospect.

If an employee is dissatisfied with the outcome of their grievance appeal, their next step is typically to raise an early conciliation notification with ACAS and, if that does not resolve matters, to submit a tribunal claim. The appeal outcome is therefore the final word on the employer's internal position. It will almost certainly be disclosed in any subsequent proceedings. The reasoning in it, or the absence of reasoning, will be examined carefully.

This is why a grievance appeal hearing is not a formality. It is not an opportunity to rubber-stamp the original decision. It is a genuine reconsideration of whether the original outcome was fair, reasonable, and procedurally sound - and the person chairing it needs to approach it as such.

Before the hearing: preparation and process

A grievance appeal begins when the employee submits their appeal in writing, setting out the grounds on which they are appealing. The ACAS Code of Practice does not specify a deadline for submitting an appeal, but most grievance procedures include one, typically five or ten working days from receipt of the original outcome letter. Employers should check their own procedure.

Once the appeal has been received, the employer needs to do several things before the hearing takes place.

The first is to appoint someone to chair the appeal. As discussed elsewhere on this site, that person should not have been involved in the original grievance process. In smaller organisations where this is not possible internally, an independent external chair should be appointed.

The second is to notify the employee of the hearing date, time, and format, and to remind them of their right to be accompanied. Under the Employment Relations Act 1999, employees have a statutory right to be accompanied at a disciplinary or grievance hearing by a trade union representative or a work colleague. This right extends to appeal hearings. The companion can address the hearing and confer with the employee, but cannot answer questions on their behalf.

The third is to ensure the document bundle is in order. The chair should have access to all relevant documents: the original grievance, the investigation notes or report if there was one, the outcome letter, and the grounds of appeal. The employee may also submit additional documents in support of their appeal, and the employer should have the opportunity to respond to any new material.

It is good practice to share the bundle with all parties in advance of the hearing, with reasonable time to review it. Springing documents on people at the hearing itself is poor process and creates unnecessary disputes about procedural fairness.

At the hearing: what actually happens

A grievance appeal hearing follows a broadly consistent structure, though the precise format will vary depending on the complexity of the case and the chair's approach.

The chair opens the hearing by introducing themselves, explaining their role, and setting out the purpose and format of the proceedings. If the chair is independent and external, this is also the point at which they should confirm their independence and the fact that they are not acting for either party.

The employee is then invited to present their appeal. This means explaining the grounds on which they are appealing, what they say was wrong with the original process or outcome, and what they are seeking by way of remedy. Their companion may assist them and address the hearing, but the employee should be the primary voice.

The chair will ask questions throughout. Good questioning at this stage is not adversarial - it is designed to understand the appeal clearly, test the evidence, and identify where the real points of dispute lie. The chair may also ask questions of the employer's representative, or of any additional parties if the appeal requires it.

The employer's representative has the opportunity to respond to the grounds of appeal, to explain the reasoning behind the original outcome, and to address any new points raised by the employee. This is not a second bite at the original grievance. It is a defence of the original process and decision.

Once both sides have had the opportunity to put their case, the chair gives the employee the final word - an opportunity to summarise their position before the hearing closes. This is a small but important procedural step that is sometimes overlooked.

The hearing is then adjourned. The chair does not announce a decision at the close of the hearing. They need time to consider the evidence, review the documents, weigh the grounds of appeal, and draft a written outcome.

Adjournments and additional enquiries

Sometimes a hearing cannot be concluded in a single session. New information may emerge that requires further consideration. A witness may need to be spoken to. A document may need to be obtained. In these cases the chair can adjourn the hearing and reconvene at a later date.

Adjournments should be used proportionately. An appeal is not a reinvestigation and should not become one. But where a genuine factual gap exists that cannot fairly be resolved on the papers, an adjournment is the right course rather than pressing on to a decision that may later be challenged on the grounds of incomplete process.

If additional parties need to be spoken to - a witness to a specific incident, the original decision-maker, or another person with relevant knowledge - this should happen as a discrete and focused step, not as a wide-ranging reopening of the original grievance.

After the hearing: the written outcome

The outcome of a grievance appeal should be confirmed in writing, without unreasonable delay. The ACAS Code does not specify a timeframe but best practice is within five to ten working days of the hearing concluding, depending on complexity.

The outcome letter to the employee should confirm whether the appeal is upheld, partially upheld, or dismissed, and should give reasons. It should address each ground of appeal in turn. A letter that simply says the appeal has been considered and the original outcome is confirmed is not sufficient. It tells the employee nothing about why their grounds were not accepted, and it gives a tribunal very little to work with when assessing whether the process was fair.

In more complex cases, particularly those involving disability, discrimination, or multi-issue appeals with a realistic prospect of tribunal proceedings, it is worth producing a more detailed internal outcome report alongside the employee-facing letter. This sets out the full reasoning, the evidence considered, and the findings on each ground in a format that can withstand legal scrutiny if disclosed. It is straightforward to produce at the time. It is very difficult to reconstruct after the fact.

The final word on finality

A grievance appeal is, in most organisations, the final stage of the internal process. Once the appeal outcome has been issued, the employer's internal position is settled. The employee may accept it, seek further resolution through ACAS, or proceed to tribunal. But the employer's job at that point is done, and the quality of the process that led to the outcome is what will be judged if the matter goes further.

Running a grievance appeal well is not complicated. It requires the right person in the chair, a fair and structured hearing, proper consideration of the grounds raised, and a written outcome that explains the reasoning. None of that is beyond any organisation, regardless of size. But it does require treating the process as something that matters, rather than something to be got through as quickly as possible.

The cost of doing it properly is modest. The cost of doing it badly, if the matter ends up in front of an employment judge, is considerably higher.