Alex is Sprintlaw’s co-founder and principal lawyer. Alex previously worked at a top-tier firm as a lawyer specialising in technology and media contracts, and founded a digital agency which he sold in 2015.
Dismissing an employee is rarely easy, and sometimes you’ll face an appeal. Handling appeals well isn’t just about being fair - it’s a core risk-management step that can protect your business if a dispute escalates.
In this guide, we’ll walk through what an unfair dismissal appeal is from an employer’s perspective, how to run a compliant appeal process under UK law, and provide ready-to-use employer letter templates you can adapt for acknowledgements, appeal hearings and outcomes.
If you’re looking for an “unfair dismissal appeal letter template UK,” you’ll find practical wording below - plus the legal context you need to use it safely.
What Is An Unfair Dismissal Appeal And Why It Matters For Employers?
An unfair dismissal appeal is a formal request from a dismissed employee asking your business to review the dismissal decision. It’s your chance to double-check the process and outcome, remedy any errors, and reduce the risk of a tribunal claim.
From an employer’s perspective, an effective appeal process can:
- Correct procedural issues before they become liabilities.
- Demonstrate overall fairness (which tribunals look for when assessing claims).
- Potentially reinstate or re-engage an employee on terms that work for the business, avoiding a costly dispute.
The legal backdrop is important. The Employment Rights Act 1996 underpins a range of obligations around dismissal fairness and employee protections. It’s also wise to align your process with the Acas Code of Practice on Disciplinary and Grievance Procedures. While the Code itself isn’t law, tribunals can adjust any award by up to 25% for unreasonable failure to follow it.
Fairness is judged broadly - investigation, evidence, opportunity to respond, consistency, and proportionality. If dismissal followed allegations of wrongdoing, ensure your appeal process sits alongside a robust approach to fact-finding and procedure. Our step-by-step guidance on workplace investigations outlines the essentials.
Do You Have To Offer An Appeal Under UK Law?
In most cases, yes - you should offer an appeal. The Acas Code expects employers to provide a clear appeal route after disciplinary decisions, including dismissal. Failing to offer or hear an appeal can weigh heavily against you if a claim is brought.
Key principles to keep in mind:
- Employees should be told how to appeal, to whom, and the deadline (often 5–10 working days).
- The appeal should be heard impartially - ideally by someone senior who wasn’t involved in the original decision.
- New evidence or concerns raised on appeal should be considered and, where needed, investigated.
- Outcomes should be reasoned and confirmed in writing.
If the original dismissal involved allegations of gross misconduct, or followed a warning process (e.g. a final written warning), the appeal should still be offered and run fairly. Where a suspension was involved, ensure you’ve handled it reasonably and kept it no longer than necessary - see our employer guide on suspension pending investigation.
Step-By-Step Process: How To Handle An Unfair Dismissal Appeal
1) Acknowledge The Appeal Promptly
Confirm receipt in writing, explain the next steps and timelines, and ask for any additional evidence the employee wants you to review. Set expectations around who will hear the appeal and the likely hearing date.
2) Appoint An Impartial Appeal Chair
Where possible, choose a manager or director who wasn’t involved in the original decision. They should have enough seniority to overturn or uphold the outcome. If your size makes this challenging, consider an external chair or advisor.
3) Review The Case Thoroughly
The appeal is not just a rubber stamp. The chair should look at:
- Whether the original process complied with your procedures and the Acas Code.
- Whether the decision was within the “band of reasonable responses” given the facts.
- Any new evidence or arguments raised by the employee.
If needed, carry out further investigation before the hearing (e.g. re-interviewing witnesses or checking documents). This should mirror your usual investigation standards - see the practical steps in our guide to disciplinary procedures and investigations.
4) Hold The Appeal Hearing
Invite the employee in writing, give them sufficient notice, and allow them to be accompanied by a colleague or trade union representative. In the meeting:
- Clarify what aspects of the decision they’re challenging.
- Explore any new evidence.
- Give them a fair opportunity to put forward their case and ask questions.
Record the key points and explain when they’ll receive the outcome.
5) Decide And Confirm The Outcome In Writing
Options typically include:
- Upholding the original dismissal.
- Substituting a lesser sanction (e.g. a warning).
- Reinstatement (return to the original role) or re-engagement (to a suitable alternative role).
Provide clear reasons, address each ground of appeal, and set out the effective date (e.g. if reinstatement applies). The appeal outcome is usually the final stage of your process.
6) Audit And Learn
Even if the dismissal is upheld, use the appeal to stress-test your policies and documentation. Make sure your dismissal checklist covers all the fairness elements, that your team knows the process, and that your paperwork is consistent.
Employer Letter Templates You Can Adapt (UK)
Below are three plain-English templates you can customise for your business. Insert your logo, letterhead and details as needed. These are for general information - always adapt to your policy and specific facts, and consider getting legal review before sending.
1) Acknowledgement Of Appeal Letter
Subject: Acknowledgement of Appeal – Dear , Thank you for your appeal dated against the decision to dismiss you on . Your appeal will be heard by , who was not involved in the original decision. We have scheduled an appeal hearing for . You have the right to be accompanied by a colleague or trade union representative. Please send us any further information or documents you wish us to consider by . If you need any reasonable adjustments for the hearing, let us know. We will confirm the outcome of your appeal in writing after the hearing. Yours sincerely,
2) Appeal Hearing Invitation Letter
Subject: Appeal Hearing Invitation – Dear , Further to your appeal dated , we invite you to attend an appeal hearing as follows: Date/Time: Location: Appeal Chair: Companion: You may be accompanied by a colleague or trade union representative. The purpose of the hearing is to review the decision to dismiss you and to consider the grounds set out in your appeal. Please bring any additional evidence you wish us to consider. If new matters arise, we may need to take a short adjournment to investigate. Please confirm your attendance by . If you require any adjustments, let us know as soon as possible. Kind regards,
3) Appeal Outcome Letter
Subject: Outcome of Appeal – Dear , Thank you for attending the appeal hearing on . I have considered the points you raised and the evidence provided, including . Outcome After careful review, I have decided to / reinstate you to your role with effect from / re-engage you in the role of with effect from ]. Reasons In reaching this decision, I considered: • Whether the original process was fair and in line with our procedures and the Acas Code. • The evidence relied on at the time and any new evidence presented on appeal. • Whether the original outcome was within a reasonable range of responses. This decision is final and concludes the internal process. Yours sincerely,
Tip: Avoid using generic online letters without tailoring. The strength of your appeal documents is in how clearly they reflect your process, your policy and the facts you’ve considered.
Policies, Documents And Training To Prevent Appeals Going Wrong
Appeals are smoother - and lower risk - when the rest of your employment framework is strong. In particular, make sure your core documents and processes are current and consistently applied.
- Employment Contract: Your terms should set out conduct expectations, performance standards, notice, and disciplinary references. If you’re hiring or updating contracts, consider a professionally drafted Employment Contract.
- Staff Handbook: A modern disciplinary, capability and appeal procedure should live in a clear handbook you actually follow. A tailored Staff Handbook helps keep everyone on the same page.
- Performance Management: Where issues are capability-based, formalise your support steps and targets. When appropriate, run Performance Improvement Plans (PIPs) before considering dismissal.
- Disciplinary Pathways: Use warnings proportionately and track them. Understanding how and when to issue a final written warning is key to procedural fairness.
- Legal Baseline: Ensure decision-makers understand the core duties under the Employment Rights Act 1996 and the Acas Code. This isn’t about legalese - it’s about fair, consistent process.
If your dismissal relates to conduct that could be serious enough to justify immediate termination, align your definitions and process with good practice on gross misconduct. If your team may need to suspend staff while investigating, ensure managers understand lawful parameters using our practical guidance on suspension pending investigation.
Common Mistakes To Avoid In Appeal Outcomes
Even well-intentioned employers can trip up at the appeal stage. These are the pitfalls we see most often:
- No Real Re-Assessment: Treating an appeal as a formality rather than a genuine review. The chair should weigh the evidence afresh and consider new material.
- Same Decision-Maker: Using the original decision-maker to run the appeal undermines impartiality, especially in small teams. Try to separate roles wherever possible.
- Insufficient Investigation: New points raised on appeal sometimes require further fact-finding. If you don’t check them, your process may be criticised as incomplete.
- Vague Outcome Letters: Outcomes need reasons. If a dispute escalates, a clear, reasoned letter is your best evidence of fairness.
- Ignoring Process Mismatches: If you deviated from policy, explain why and how it remained fair. Consistency counts.
- Poor Documentation: If it isn’t written down, it’s hard to prove. Keep neat records of the appeal steps, evidence considered and rationale.
If a case does go further, these issues are frequent reasons employers lose at tribunal. The good news is that careful planning and clear paperwork go a long way to reducing risk.
Key Takeaways
- Offer an appeal as standard. It’s expected under the Acas Code and can significantly reduce risk under the UK unfair dismissal framework.
- Run a fair, impartial process. Appoint an independent chair, allow representation, and consider new evidence - then confirm a reasoned decision in writing.
- Use tailored employer letters. Adapt the acknowledgement, hearing invite and outcome templates above to fit your policy, facts and tone.
- Strengthen your foundations. Keep your Employment Contract and Staff Handbook up to date, and follow them consistently.
- Document everything. Good notes and clear letters are often the difference between a defensible process and a vulnerable one.
- Sense-check high-risk cases. Where dismissal follows alleged misconduct or long-term performance issues, cross-check against your ending employment checklist and relevant legal duties under the Employment Rights Act 1996.
If you’d like tailored help finalising your unfair dismissal appeal letters or sense-checking your process, reach out to our team for a free, no-obligations chat on 08081347754 or team@sprintlaw.co.uk. We’re here to help you protect your business and keep your processes fair and compliant from day one.


