NHS Dismissal Appeal Pack

A short letter to the person named in your outcome letter or policy: what you are appealing, your grounds in summary, the outcome you ask for, and the practical questions (who hears it, the date, the documents and your companion).

[Your address]
[Your email address and phone number]

14 October 2026

Pat Rowan, Director of Operations
Example NHS Foundation Trust

Dear Pat Rowan,

Subject: Appeal against dismissal - Sam Whitfield, Healthcare Assistant, Band 3

I am writing to appeal against the decision to dismiss me with notice, set out in your letter of 8 October 2026. The disciplinary hearing took place on 1 October 2026. I am appealing under the Disciplinary Policy and Procedure.

I understand the deadline for this appeal is 22 October 2026, and I am submitting it within that time.

My grounds of appeal are set out in the attached document headed Grounds of appeal. In summary:
- Procedural unfairness
- The sanction was disproportionate
- Inconsistency of treatment

The outcome I am asking for is that a lesser sanction is substituted.

I would be grateful if you would:
- acknowledge receipt of this appeal and confirm the date you received it;
- tell me who will hear the appeal, and confirm that they have not been involved in the earlier stages;
- confirm the date, time and place of the appeal meeting, and give me reasonable notice;
- confirm whether my employment end date, pay and other entitlements are affected while the appeal is decided;
- send me copies of the documents the appeal will consider (I have also written separately to ask for the records of the investigation and hearing); and
- confirm that I may be accompanied at the meeting by Dana Reid.

I reserve the right to add further points and evidence before the appeal meeting.

Yours sincerely,

Sam Whitfield
Healthcare Assistant, Band 3

[Enclosure: Grounds of appeal]
[cc: my trade union representative: delete if not needed]

[Delete this line before sending: check every bracketed item, check your trust's own policy and have your union or staff-side rep read it first.]

A document organised by ground, written from the facts you entered: procedural unfairness, the evidence, a disproportionate sanction, new evidence, inconsistency and impartiality, with the ACAS Code paragraph for each.

GROUNDS OF APPEAL
Appellant: Sam Whitfield, Healthcare Assistant, Band 3, Example NHS Foundation Trust
Appealing against: the decision to dismiss me with notice (your letter of 8 October 2026)
Date of this document: 14 October 2026

[Delete before sending: every ground below is written from the boxes you ticked and the facts you typed. Keep only what is true and that you can back with a document or a witness. Delete any ground that does not apply. Keep the whole document short and specific: one or two pages is usually enough.]

Ground 1: Procedural unfairness
I say the process was not fair or not followed, for these reasons.
- I was not given the evidence relied on, such as witness statements and the investigation report, in time to prepare. The ACAS Code says copies of written evidence, which may include witness statements, would normally be provided with the notice (paragraph 9). [Add what you received and when.]
- [Name and role] both investigated the case and decided it. The ACAS Code says that, where practicable, different people should carry out the investigation and the disciplinary hearing (paragraph 6). [Explain why the roles could have been separated, or delete this point.]
- What I said in my defence and in mitigation was not [recorded / considered]. [Say what you said, where, and what the record or the decision leaves out.]

In my own words: I received the witness statements the morning of the hearing, not before. The investigating manager, Alex Moore, also chaired the hearing.

I ask the appeal to consider whether these failings affected the fairness of the decision. [Say how, in one or two sentences.]

Ground 2: The sanction was disproportionate
I say dismissal was too severe a response. ACAS says an employee can appeal where they think the outcome was too severe.
My length of service and record: Nine years' service, no previous warnings, two commendations.
I accepted I should have asked a colleague to cover and said so at the hearing. The patient came to no harm. A final written warning with supervised practice would have been a fair response.
A lesser sanction, such as [state it], would have been a fair response because [explain].

Ground 3: Inconsistency of treatment
I say I was treated differently from others in similar circumstances.
I understand that a colleague in a similar situation last year was given a first written warning.
The ACAS Code says employers should act consistently (paragraph 4), and ACAS says the employer should consider how similar cases were handled before. I have asked for anonymised information on how comparable cases have been dealt with.

Outcome I am asking for
I ask that a lesser sanction is substituted.

Documents I rely on
1. [Document, date]
2. [Document, date]

I may add detail at the appeal meeting and I reserve the right to add further points and evidence beforehand.

Sam Whitfield

[Delete this line before sending: check every bracketed item, check your trust's own policy and have your union or staff-side rep read it first.]

A letter asking for the investigation report, statements, hearing notes, the decision record, the policy and, if you ticked them, anonymised comparators and the appeal panel's involvement.

[Your address]
[Your email address and phone number]

14 October 2026

Pat Rowan, Director of Operations
Example NHS Foundation Trust

Dear Pat Rowan,

Subject: Request for documents about my dismissal and appeal - Sam Whitfield, Healthcare Assistant, Band 3

I am appealing against the decision to dismiss me with notice. To prepare properly, I ask for copies of the following. If any item does not exist, please say so.

1. The outcome letter and any other letter or note recording the outcome.
2. The investigation report and its terms of reference, and every witness statement and document it relied on, in full.
3. The notes or minutes of any investigation meeting with me and of the hearing on 1 October 2026, including any notes the panel made.
4. Any written record of the decision, including how my response and mitigation were considered and which sanctions were considered.
5. The Disciplinary Policy and Procedure as it applied at the time, including its appeal procedure, any guidance on sanctions and its examples of gross misconduct.
6. The name and job title of the person who will hear the appeal, and of anyone advising the panel.
7. The disciplinary record held on my personnel file.
8. Anonymised information, with names removed, on how comparable cases have been dealt with in the last [period], including the sanction applied.

I would be grateful to receive these by [a reasonable date before the appeal meeting]. If you cannot provide anything, please tell me which item and why.

Please also make sure all documents about my case, including emails and notes, are kept until the process, including any later proceedings, is finished.

[Optional: I am also entitled to ask for a copy of my personal data under UK data protection law. Ask your rep whether to make a separate subject access request, and check the ICO's guidance for how long the trust has to reply.]

Thank you.

Yours sincerely,

Sam Whitfield
Healthcare Assistant, Band 3

[Delete this line before sending: check every bracketed item, check your trust's own policy and have your union or staff-side rep read it first.]

A plan for the day: what to confirm, your companion's role under the ACAS Code, an opening statement, your grounds in order, questions to ask the panel and how to answer theirs.

APPEAL MEETING: PREPARATION AND STATEMENT
Prepared 14 October 2026 for Sam Whitfield

[This is for your own preparation. You answer questions put to you yourself, so read it through until you are comfortable with every line. Only say what is true.]

1. Before the day
- Confirm the date, time, place, who will hear the appeal and who else will attend. Ask for the documents the appeal will consider, in good time.
- Your companion: Dana Reid. The ACAS Code gives a statutory right to be accompanied at an appeal hearing (paragraph 28) by a fellow worker, a trade union representative or a union official. If your chosen companion cannot attend on the proposed date, you can propose another time no more than five working days after it (paragraph 16).
- Agree with your companion what they will do. The Code says a companion can address the hearing, put and sum up your case, respond to views expressed and confer with you. They cannot answer questions for you or stop the employer explaining its case (paragraph 17).
- If you need an adjustment for the meeting (a break, written questions, a different room), ask for it in advance.
- Decide whether you want your job back, and tell your companion. ACAS says a successful appeal against dismissal usually means automatic reinstatement as though the dismissal never happened.

2. Opening statement (about a minute)
Thank you for hearing my appeal. I am appealing against the decision to dismiss me with notice. I will take my grounds in order, point to the documents I rely on, and say at the end what I am asking for. [Add one sentence on what matters most to you.]

3. Your grounds, in the order you will take them
Ground 1: Procedural unfairness
What I have written: I received the witness statements the morning of the hearing, not before. The investigating manager, Alex Moore, also chaired the hearing.
Three points to make: 1. [point]  2. [point]  3. [point]
Documents to point to: [document and page]

Ground 2: The sanction was disproportionate
What I have written: I accepted I should have asked a colleague to cover and said so at the hearing. The patient came to no harm. A final written warning with supervised practice would have been a fair response.
Three points to make: 1. [point]  2. [point]  3. [point]
Documents to point to: [document and page]

Ground 3: Inconsistency of treatment
What I have written: I understand that a colleague in a similar situation last year was given a first written warning.
Three points to make: 1. [point]  2. [point]  3. [point]
Documents to point to: [document and page]

4. What I have learned and done since (only what is true)
- [What you understand now about what happened.]
- [Steps you have taken since: training, support, changes.]
- [If you accept part of the findings, say so plainly. Talk to your rep first about whether and how.]

5. The outcome I am asking for
I ask that a lesser sanction is substituted. [If you want a lesser sanction, say which and why it is fair.]

6. Questions to ask the panel
- Is this a review of the decision or a fresh hearing?
- Will new evidence be considered, and who decides that?
- Will the decision-maker or the investigator be asked questions, and may I or my companion put questions?
- When will I have the outcome in writing, and what will it cover?
- What happens to my end date, pay and other entitlements while the appeal is decided?
- Is there a further appeal stage?

7. Questions you may be asked, and how to answer
- Which findings do you challenge, and why? Take each one in turn and point to the document.
- What would you do differently? Answer honestly. It is fine to say you need a moment.
- Why do you say the sanction was too severe? Use your record, mitigation and the facts, not how it feels.
- What outcome do you want? Say it plainly, as above.
Answer the question you are asked. If you do not know, or need to check a document, say so.

8. Before you leave
- Ask when you will have the outcome and how it will be sent.
- Note who said what. Ask your companion to keep notes too.
- Send the follow-up letter (document 6) within a day or two.

[Delete this line before sending: check every bracketed item, check your trust's own policy and have your union or staff-side rep read it first.]

One page for your union or staff-side rep: the timeline, your grounds, the documents you hold and still need, what you want and what you would like from them.

BRIEFING NOTE FOR MY REPRESENTATIVE: 14 October 2026

1. Who I am
- Sam Whitfield, Healthcare Assistant, Band 3, Example NHS Foundation Trust
- Representative: Dana Reid

2. Where we are
- I have decided to appeal and am preparing it
- What I am appealing: Dismissal with notice
- Reason the trust gave: Conduct (behaviour or misconduct)

3. Dates
- Original hearing: 1 October 2026
- Outcome letter: 8 October 2026
- Employment end date: 5 November 2026
- Appeal deadline (from the letter or policy): 22 October 2026

4. What the trust decided, in short
That I left a patient unattended for about ten minutes during the evening medication round, and that this was a breach of the trust's supervision policy.

5. The grounds I think apply
- Procedural unfairness: I received the witness statements the morning of the hearing, not before. The investigating manager, Alex Moore, also chaired the hearing.
- The sanction was disproportionate: I accepted I should have asked a colleague to cover and said so at the hearing. The patient came to no harm. A final written warning with supervised practice would have been a fair response.
- Inconsistency of treatment: I understand that a colleague in a similar situation last year was given a first written warning.

6. Other things you should know
- [Anything about my health, a concern I raised, a complaint, or family leave that may be relevant]

7. Documents
- Records: I have some of it
- Still to request: the investigation report and statements, hearing notes, the policy, anonymised comparators (if relevant).

8. What I want
- Outcome: A lesser sanction replaces it
- Do I want to return: Yes, I want my job back

9. Time limits (please check these, I have not)
- My appeal deadline is in the dates above.
- Separate from the appeal, there is a time limit for any tribunal claim, and an internal appeal does not change it. ACAS early conciliation has to be notified inside it. I would value your view on the date.

10. What I would like from you
- Advice on whether the grounds are the right ones and how to put them.
- To read my appeal and grounds before I send them.
- To accompany me at the appeal meeting.
- Advice on whether to take any step outside the appeal, and on any regulator or professional body issue.
- [Anything else, or particular worries]

[Delete this line before sending: check every bracketed item, check your trust's own policy and have your union or staff-side rep read it first.]

Three short letters for the three moments that usually need one: no acknowledgement or date, a summary after the meeting, and asking for reasons and next steps once you have the outcome.

FOLLOW-UP LETTERS: 14 October 2026

Which one: Letter A is the one you may need first, if you hear nothing after you send the appeal. Keep B and C.

========== LETTER A: chaser (no acknowledgement or no date) ==========
[Your address]

14 October 2026

Pat Rowan, Director of Operations
Example NHS Foundation Trust

Dear Pat Rowan,

Subject: My appeal against dismissal - request for acknowledgement and a date

I sent my appeal on [date you sent it]. I have not yet received [an acknowledgement / a date for the appeal meeting / the documents I asked for].

Please confirm by [date]:
- that you received my appeal and on what date;
- who will hear it and the date, time and place of the meeting;
- the documents I asked for, or when I will have them; and
- whether my end date, pay and other entitlements are affected while it is decided.

The ACAS Code of Practice says employers should deal with issues promptly and avoid unreasonable delay (paragraph 4). I would be grateful for a prompt reply.

Yours sincerely,
Sam Whitfield

========== LETTER B: after the appeal meeting ==========
[Your address]

14 October 2026

Pat Rowan, Director of Operations
Example NHS Foundation Trust

Dear Pat Rowan,

Subject: My appeal meeting on [date of the meeting]

Thank you for hearing my appeal. This is a short summary of the points I made, so that we have the same record.

- Procedural unfairness: [one line on what you said]
- The sanction was disproportionate: [one line on what you said]
- Inconsistency of treatment: [one line on what you said]

I said I would provide [documents / further information]. I attach / will send [list] by [date].
[If there is anything in the notes of the meeting you think is wrong or missing, say so here.]

I understand I will have the outcome in writing. Please tell me when to expect it.

Yours sincerely,
Sam Whitfield

========== LETTER C: after the appeal outcome ==========
[Your address]

14 October 2026

Pat Rowan, Director of Operations
Example NHS Foundation Trust

Dear Pat Rowan,

Subject: Outcome of my appeal

Thank you for your letter about the outcome of my appeal. [Choose one and delete the others.]

If my appeal was not upheld, or was upheld in part: I would be grateful if you would confirm in writing:
- the reasons for the decision on each of my grounds;
- whether there is any further appeal stage and, if so, how and by when to use it;
- my employment end date, and my final pay, accrued leave and pension position; and
- what the trust will say in any reference.

If my appeal was upheld: I would be grateful if you would confirm in writing:
- the date I return and to which role and team;
- how pay for the period since the original decision will be dealt with, and that my service is unbroken;
- what will be recorded on my file; and
- what support will be put in place for my return.

[Delete before sending: an internal appeal does not change the tribunal time limit. If there is any chance you will want to bring a claim, check the date with ACAS or your union before you do anything else, and keep ACAS early conciliation in mind.]

Yours sincerely,
Sam Whitfield

[Delete this line before sending: check every bracketed item, check your trust's own policy and have your union or staff-side rep read it first.]