It was interesting to hear on the radio yesterday how Oscar Pistorius' sentence has been increased on appeal.

http://edition.cnn.com/2016/07/06/africa/oscar-pistorius-sentence/

ACAS guidance states that "An appeal must never be used as an opportunity to punish the employee for appealing the original decision, and it should not result in any increase in penalty as this may deter individuals from appealing".

I remember dealing a long time ago with a case of alleged sexual harassment where the disciplinary hearing manager gave a final written warning as they ignored a previous discplinary penalty on the employee's file (for the same misconduct) as it had recently expired.  The appeal hearing manager on appeal increased the penalty to dismissal as even they the warning had recently expired they took this and other factors e.g. duty of care into account.

So my question is what are your views on if at an appeal the hearing manager has the option to increase the penalty or is this fundamentally against natural justice?

It would be great to hear your views on this.

All the best

Sarah

You need to be a member of DPG Community to add comments!

Join DPG Community

Email me when people reply –

Members

Click here to see a full list of members including our Facilitators.

Did you know that if you go to the list of members, the Members Online button will show you who is online right now? Why not say hello?

CIPD Branch Events

Did you know your local CIPD branch will put on relevant events that are free to CIPD members.

Take a look for your local branch here and what events are happening. Remember attending these events are great CPD evidence.

CIPD Branch Event Search