Appeal process for University Officers
Where a University Officer is dissatisfied with the outcome of their Dignity at Work complaint or the process followed, they may appeal under the provisions of Special Ordinance C (XIII).
Appeal process for all other staff
Appeal application
Should a member of staff wish to appeal against the outcome of a formal Dignity at Work complaints procedure, he/she must appeal in writing within 10 working days of the receipt of the outcome letter to the Director of Human Resources, setting out the grounds of appeal and stating whether the appeal is in respect of the whole or in respect of any specified part of any finding of fact or decision. In the proceedings of the appeal the member will not be entitled, except with leave of the Appeal Committee (see 6.2.2 of the Procedure, below), to rely on any grounds of appeal not specified in their written appeal.
Appeal Committee
The Director of Human Resources will appoint an Appeal Committee to hear the appeal, consisting of a Chair and two senior members of staff. The Appeal Committee should have no conflict of interest in the appeal, be unbiased, and have the appropriate qualifications and experience to be able to evaluate the issues under investigation. An HR representative will take on the role of Secretary to the Committee and another HR representative may attend the meeting to take notes. The Appeal Committee will meet within 10 working days of its establishment to hear the appeal, or as soon as is reasonably practicable thereafter.
Appeal Procedure
The appeal procedure will generally be as follows:
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The appellant and the Head of Institution (or such other person as was originally appointed to conduct the Dignity at Work procedure) are encouraged to make representations in writing.
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The appeal will be determined following an oral hearing.The appellant and the Head of Institution will be entitled to make a statement and to address the Appeal Committee. The appellant may bring a colleague or trade union representative with him/her to the appeal hearing.
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The investigator and the witnesses may be asked to attend the appeal hearing by the Appeal Committee if the committee has any questions they wish to ask them.
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The Chair may set time-limits for each stage of the proceedings, including the Hearing itself, to the intent that any appeal will be heard and determined as expeditiously as is reasonably practicable.
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Following the hearing of the appeal, the Appeal Committee will consider the facts of the case and may uphold or dismiss an appeal, in whole or in part.
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The decision of the Appeal Committee will be notified to the appellant in writing and recorded in a document signed by the Chair, giving the reasons for this decision within 7 working days or as soon as reasonably practicable.
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A copy of the document and letter will be sent to the Director of Human Resources, and to the Head of Institution.Where an individual other than the Head of Institution has considered and made a decision regarding a dignity at work complaint, the actual Head of Institution will be informed of the outcome.
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The Appeal Committee may decide to vary the above procedure as it deems appropriate.
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There is no right of appeal against the Appeal Committee’s determination of an appeal.
It is anticipated that appeal will be by way of review of the outcome of the formal process. However, in exceptional circumstances the Chair of the Appeal Committee may determine that a rehearing is necessary.