ACAS defines the process as: “Appealing a dismissal means asking your employer to overturn or change the decision to dismiss you”.
Yet most dismissal appeals don't succeed. According to varied data sources, only roughly 20-30% of appeals result in the original decision being overturned or changed. So, when you ask us “how successful are dismissal appeals? you can expect reality besides reassurance.
Does this mean appealing isn't worth it? Not at all. But it does mean going in with your eyes open and, in some scenarios, a reputable appeal investigator at your side.
Both factors are especially vital if you're appealing a dismissal for gross misconduct, where the stakes and scrutiny are both higher.
What Makes a Notable, Measurable Difference to Dismissal Appeals?
A dismissal appeal tends to succeed when there's something wrong with how the original decision was reached.
The strongest grounds we see time and time again include:
- A flawed process - An employer skipped steps in their own procedure, or ignored the ACAS Code of Practice, offering no real chance for the employee to give their side of the story
- New evidence - Something relevant wasn't considered first time round, for example, a document, message, or witness account
- The punishment didn't fit the crime - A dismissal when a warning would have done, especially against a clean record
- Bias at play - The person deciding an employee’s fate had a stake in the outcome, or simply wasn't impartial
For all these reasons, many employers now choose to bring in workplace investigation services before a decision is even made.
Why? Because having a fair, independent workplace investigator from the outset means fewer flawed processes to appeal against later. In addition, it also puts you in a stronger position to defend if it does end up in front of a tribunal.
On the appeal side, some organisations go a step further, instructing an independent appeal investigator to review the original findings with fresh eyes. This tends to produce a far more defensible outcome for everyone involved.
What Changes When Unfair Dismissal Claims are Upheld?
Successful dismissal appeals are sometimes called "vanishing dismissals", because they effectively wipe the dismissal from your record.
On a practical level, this usually means the following:
- Your job back with continuous service intact
- Back pay for wages lost while the appeal was ongoing
- Any lost benefits reinstated
But there can be one small catch… A "win" can feel awkward if the working relationship is damaged beyond repair.
On the other hand, a strong appeal can be used as leverage to negotiate a cleaner exit or a fair reference, rather than a return to your old desk.
In any event, dismissal appeals are subject to tight timeframes, making it vital for employers or employees to enlist an expert appeal investigator immediately when in doubt.
The Clock Is Always Ticking
Dismissal appeals move fast.
From an employee perspective, the timeframe typically looks like this:
- Five working days to lodge your appeal
- Hearing scheduled within two - three weeks
- A decision within a week of the hearing
Notably, an internal appeal doesn’t pause your deadline for bringing unfair dismissal claims at tribunal, which is available up to three months less one day from your dismissal date. So, don’t feel you need to sit tight and await an appeal outcome if this deadline is close.
So, How Successful Are Dismissal Appeals Really?
As you can see, the stats offer scant guarantee of a result. But a solid, expert-led strategy is infinitely more reliable.
Ultimately, dismissal appeals offer a small window to build a present a credible case, backed by the following three things:
- Right grounds
- Right evidence
- Right timing
Get them wrong, and you're inviting tribunal action if you’re an employer, or the odds are being stacked in your favour if you’re an employee appealing a dismissal for gross misconduct or any other reason.
Moreover, this same rule applies if you’re an employee weighing up whether to appeal, or an employer wanting your process to hold up to scrutiny - Get expert eyes on it early.
Get in touch with us, at Taurus Employment Law & HR, for clear, practical advice on your options before the deadline decides for you.
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