Sickness absence - format of the appeal hearing

16.3 Format of the Appeal Hearing

16.3.1. Introductions

• The Chair of the Panel should introduce those present, confirm receipt by all present of any documentation, explain the format and advise all that the purpose of the hearing is to:

o Establish the facts.
o Listen to the details of the employee’s appeal.
o Listen to the Manager’s response to the appeal.
o It is not an opportunity to rehear the whole case.
o Make a final decision after considering the evidence given (to be verbally advised and confirmed in writing to all parties concerned within 5 working days of the Hearing).
o Decide what action is necessary as a result.

16.3.2. The Case

The employee should detail the reasons for their appeal, giving as much information as possible.  These reasons must be related to the grounds for appeal.

The Panel should ask any questions in relation to the evidence/information put forward by the employee.

• The Manager from the previous Sickness Absence Meeting should respond to the employee’s statement. Again this should be in as much detail as possible based on the information that is before the panel.

The Panel should ask any questions in relation to the Management Case Statement put forward by the manager.

• If appropriate, witnesses may be called and both parties allowed to ask questions through the Chair

• Before any decision is made, the Chair of the Hearing should adjourn the hearing to consider the case

16.3.3. Adjournment

• Both parties should withdraw to allow the panel to consider in private.

• The panel will deliberate in private, only recalling the parties to clarify points of uncertainty on evidence already given.  If recall is necessary, both parties shall return.

16.3.4. Decision Making

• In making their decision, the Panel need to be satisfied that:

o There were no procedural irregularities which may have prejudiced the decision making
o The relevant evidence, facts or factors were taken into account and relied upon in the decision making
o No relevant evidence, facts or factors were taken into account or relied upon in their decision making
o All the evidence, facts and mitigating circumstances that were presented were taken into account

 In addition, the panel need to consider:

o whether the grounds under which the appeal has been made are justified
o whether the appeal should be upheld
o what will be the next course of action if any i.e. proceed to next stage, a further monitoring period, no further right of appeal (for Appeal Hearings against Dismissal only), etc.

Note: Issues, which are not relevant to the grounds of appeal, will not be           considered in reaching an appeal decision.

16.3.5. Confirming the Outcome

• The Appeal Hearing should be reconvened immediately and the employee advised verbally of the decision.  Where it is not possible to meet face-to-face immediately, it should happen as soon as possible.  However, there should not be a delay in communicating the decision if, for example, the employee is not at work for sometime.

• The Chair of the Appeal Hearing must notify the employee of the outcome of the Appeal Hearing, in writing, within 5 working days.

• There is no further right of appeal through Harrow’s internal procedures.