Conduct Policy : appeal hearing outcome letter
Use this letter template when writing to an employee to confirm the outcome of a conduct appeal hearing.
STRICTLY PRIVATE & CONFIDENTIAL
[Recipient's name & address]
Dear <Title Surname>,
Outcome of Appeal Hearing
Thank you for attending the appeal hearing on <DD/MM/YYYY> at <Location>. I confirm that the hearing was held in accordance with the NHSScotland Conduct Policy. The purpose of the hearing was to consider your appeal against the decision taken to <insert sanction or outcome from conduct hearing> Note that the details provided here must be the same as the details provided to the employee in their original letter advising them of the outcome of the conduct hearing.
I chaired the hearing, supported by <First Name, Surname, Job Title> <insert if appropriate <and <First Name, Surname, Job Title>. <First Name, Surname, Job Title> as Chair of the Conduct Hearing, presented their findings, supported by <First Name, Surname, Job Title> from HR. At the meeting you <were represented><accompanied> by <Name><Union><Job title> <were not represented or accompanied and you were happy to proceed on that basis>. <Delete as appropriate <First Name, Surname, Job Title> attended as a witness for management>< and> <First Name, Surname, Job Title> attended as your witness(es). <You><management> decided not to call any witnesses to the hearing.>
Prior to commencing the hearing, I received acknowledgement from you that you received a copy of the management statement of case.
After giving yourself and <First Name, Surname, Job Title> the opportunity to present your case, I considered I considered the following issues in relation to the points of appeal:
<Provide details of the evidence that was considered – both oral and documentary where relevant and summarise the case which was presented and any mitigating factors>.
[Insert in relation to each point of appeal
On that basis, I find that there is <evidence><insufficient evidence> to support this decision.
[Delete as appropriate]
After careful consideration of all the facts presented to me, I write to confirm the decision to issue you with a <insert sanction / outcome from conduct hearing> is upheld, therefore the sanction remains as indicated in the conduct outcome letter previously issued.
After careful consideration of all the facts presented to me, I write to confirm the decision to issue you with a <insert sanction / outcome from conduct hearing> is not upheld [Insert appropriate outcome <On that basis, the sanction applied at the conduct hearing no longer applies>.[In dismissal cases insert <You are therefore reinstated with immediate effect and will be entitled to reimbursement of any salary lost since your dismissal. Arrangements for your return will be agreed with your manager as soon as is practicable.><Although I did not uphold the decision to apply the sanction issued at the conduct hearing, I did consider action under the NHSScotland Conduct Policy was appropriate but at a lesser level. I have therefore reduced the sanction applied to <insert new level of warning> which will be disregarded for conduct purposes after <DD/MM/YYYY>.
I hope you feel you have had an opportunity to fully explore your concerns. This now concludes the scope for appeal under the NHSScotland Conduct Policy.
<First Name Surname>
(Chairperson of the Appeal Hearing)
<First Name, Surname> <Trade Union / Representative>
<First Name, Surname> <Others on Panel>
Chair of the Conduct Hearing
HR adviser to the Conduct Hearing