A model letter informing an employee that his or her appeal against the outcome of a disciplinary hearing or appeal hearing has been submitted out of time.
This employment tribunal decision demonstrates that there are circumstances in which it is necessary for employers to allow employees to have legal representation at a disciplinary appeal hearing, following the Court of Appeal decisions in R (on the application of G) v Governors of X School and Y City Council  IRLR 222 CA and Kulkarni v Milton Keynes Hospital NHS Trust and Secretary of State for Health  IRLR 829 CA.
The Employment Appeal Tribunal has held that the employment tribunal was wrong to take into account the employee's decision not to appeal against a final written warning when deciding whether or not the employer's reliance on the warning made the dismissal fair.
This case demonstrates that employers should not be too hasty in finding an employee guilty of theft, or to hold a disciplinary hearing in his or her absence.
This case is a useful illustration of how prejudgment by disciplinary and appeal officers can render a dismissal unfair.
HR and legal information and guidance relating to appeals against disciplinary penalties.