BTC Code of Conduct and Ethics Booklet V5.0 Page 19 of 33 Dec 2023 12.2 The role of the representative is to support the employee. They should have the opportunity to ask questions of clarification and confer with the employee. The representative should not normally answer questions on behalf of the employee. However, if there are potential communication issues and the employee agrees, the representative may answer questions on their behalf as long as the accuracy of the responses are checked with the employee. 13 RIGHT OF APPEAL 13.1 An appeal must be made in writing to the CEO within 10 working days of receipt of the written confirmation of a formal warning. The purpose of the appeal meeting is not to re-hear the original performance issues and all the evidence; instead, the appeal meeting will normally be a review of the decision taken, usually by a more senior manager. At the appeal meeting, the manager who chaired the formal performance meeting will usually present the reasons for their findings and an explanation of why the sanction was given. The employee will then be able to respond, ask questions, and put forward any mitigating circumstances or evidence to support the appeal 13.2 Appeals will be heard by the CEO, Head of the BTC Member Organisation or a senior manager not involved in the original capability process. HR advice may be sought. The appeal will generally be held within 5 working days of receipt of the appeal later. 13.3 The appeal hearing officer will consider whether the original decision was a reasonable response given the circumstances of the case. An appeal may overturn the sanction or apply a lesser sanction. An appeal will not usually impose a more severe penalty. 13.4 The outcome of the appeal must be confirmed in writing ideally within 5 working days of the appeal hearing. If a decision to dismiss has been overturned, the employee will be reinstated with no break in service. The employee will be informed that there is no further right of appeal.
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