1. Introduction
The adoption of clear and
efficient appeals processes is fundamental to the operation of the Conduct Code
for employees, and the effective management of agents’ contracts. Bu observing the standards and following
the procedures described below thoroughly you will be able to ensure that
individual rights and reasonable timescales will be observed.
These guidelines apply to
both employees and agents. However,
there are significant differences in the contractual status of these groups
which will be reflected in the way the appeals are managed. These differences are highlighted in the
following text. In brief, you will
see that employees have a right of appeal against formal warnings, final warnings and dismissal. Subpostmasters have a right of appeal
against summary termination of
contract (i.e. termination without 3-months notice).
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2. The
Standards for Handling Appeals Cases
These standards were
developed to support the professional handling of appeals cases. They reflect the requirements of the
Conduct Code for all employees, and best practice in handling agents’ summary
termination cases. Please observe them.
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2.1 Professionalism
All cases will be dealt with
using a high degree of professionalism.
In practice this means we will always aim for fairness, reasonableness,
consistency, impartiality, thoroughness and credibility.
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2.2 Timelines
All cases will be dealt with
as quickly as possible, consistent with the need for thorough consideration
and investigation.
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2.3 Measurability
It will be essential to
ensure cases conform to company standards, ethics and values. This will be achieved through:
·
Evidence of reasonable timescales being met.
·
Correct processes followed as detailed in
the flowchart at Annex 1.
·
Local reviews of cases by Personnel/ Agency
recruitment Managers.
·
Improvement opportunities identified by
managers hearing appeals.
·
Follow-up evidence of implementation
opportunities as appropriate.
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2.4 Documentation
High standards of
documentation will be maintained covering:
·
Rigorous examination of evidence.
·
Clear reasons for decisions.
·
Comprehensive reports containing all
relevant factors.
·
All investigatory material included.
·
Papers presented in orderly fashion.
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2.5 Individual
Rights to be Observed
This is to include evidence
that people fully understand their rights, including the right to have a
friend/trade union representative at the appeal hearing.
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3. Steps
in the Appeals Process
There are 4 distinct steps in
the appeals process:
·
The original decision.
·
Handling of the case papers.
·
Investigations and hearings.
·
Decision and follow-up.
The process is shown in the
flowchart overleaf.
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Fig. 1 Appeals Process
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