Explainers
How to Appeal an NHS Dismissal: Steps and Deadlines
Independent guidance — not affiliated with NHS England or DHSC
Short answer
To appeal an NHS dismissal, write to the person named in your dismissal letter within the deadline in your trust's policy (often measured in days), say you are appealing, set out your grounds, and ask for the documents you need. ACAS says you can appeal if you think the outcome is too severe or any stage of the procedure was wrong or unfair. Contact your union first. An internal appeal does not extend the tribunal time limit, which for most claims arising on or after 1 October 2026 is 6 months minus 1 day, so protect your position on both tracks at once.
Unfair dismissal rules change on 1 January 2027
The qualifying period falls from two years to six months. We will email you what it means for NHS staff before it starts.
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An appeal is your chance to ask someone new to look at what happened. It is not a guarantee of a different outcome, but a clear, well-organised appeal, written quickly and with advice, gives you the best chance of being heard properly. This guide takes you through it in order, and keeps the focus on the appeal itself. For pay, pension and referrals after dismissal see what happens after an NHS dismissal, and for the letter itself see the NHS dismissal letter.
Deadlines and the two clocks
Two separate clocks start running when you are dismissed. People often watch one and miss the other.
| Clock | Length | Where it comes from | Does an appeal change it? |
|---|---|---|---|
| Internal appeal deadline | Set locally, often days | Your trust's policy and your letter | It is the appeal |
| ACAS early conciliation and tribunal deadline | 6 months minus 1 day for most claims arising on or after 1 October 2026 (3 months minus 1 day before that) | ACAS, SI 2026/954 | No: it keeps running during your appeal |
Example. You are dismissed with effect from 20 October 2026. Your letter says appeals must be lodged within 14 days (an example, not a typical figure), so by 3 November. The ACAS deadline for most claims arising on or after 1 October 2026 would be 6 months minus 1 day from 20 October 2026, which is 19 April 2027. Your appeal might be heard in December and the outcome arrive in January. The ACAS deadline has not moved. The free NHS Dismissal Guidance Advisor works out your own date, and some ACAS pages elsewhere still showed older "3 months" wording when we checked, so contact ACAS early if you are near the edge.
⚠Does the appeal move your end date?
Some trust policies treat the dismissal as effective on the date in the letter (and reinstate you with back pay if you win). Others suspend the effective date until the appeal is decided. Ask HR in writing which applies. Your end date starts the tribunal clock, so do not assume an appeal moves it.
Grounds of appeal
ACAS says an employee can appeal if they think the outcome is too severe or any stage of the procedure was wrong or unfair. Your trust's policy will list the grounds it accepts. Most appeals draw on a combination of these:
| Ground | What it asks | Examples of points to make |
|---|---|---|
| Process | Was a fair procedure followed? | You were not given the evidence in advance; you were not told of your right to be accompanied; the investigator and decision-maker were not separate; the policy's timescales were not followed. |
| Evidence | Did the evidence support the findings? | Key witness statements were inconsistent; evidence you provided was not considered; the finding goes beyond what the evidence shows. |
| Proportionality | Was dismissal a reasonable response? | Your record, mitigation, insight and remediation were not weighed; similar cases were treated differently; a lesser sanction was possible. |
| New evidence | Is there relevant information not available before? | A statement, record or medical evidence that could not reasonably have been produced earlier. |
| Impartiality | Was the decision-maker open-minded? | A conflict of interest, or someone involved in the original dispute took part in the decision. |
| Discrimination or protected disclosure | Was the real reason connected to a protected characteristic, pregnancy, or a concern you raised? | The timing relative to a complaint, a disclosure, a pregnancy announcement or disability disclosure. |
If your dismissal followed a complaint or safety concern, see NHS whistleblowing rights. If a health condition was affecting you, see reasonable adjustments at work.
Step by step
Read the letter and the policy, and note the deadline
Find the appeal deadline, who to write to and what the policy says about grounds, who hears it and whether your end date is affected. Put both deadlines in your diary.
Contact your union the same day
Representation is usually a membership benefit, and unions often have their own internal deadlines. See NHS staff representation if you are unsure who can formally represent you.
Ask for the documents you need
Hearing notes, the investigation report, witness statements, the decision-maker's reasoning and the policy applied. A short request email is in our dismissal letter guide. A data subject access request is another route to your records, which your union can advise on.
Draft the appeal letter
Use the structure below. Keep it factual, and let your union review it before you send.
Lodge it on time, with proof
Send it to the named person by the method the policy allows, keep a dated copy, and ask for acknowledgement. Lodge on time even if you have not finished your evidence, if the policy lets you add to it.
Protect the tribunal option
Diary the ACAS deadline. If there is any chance of a claim, contact ACAS before it. See the Employment Rights Act 2025 guide for the dated changes.
Prepare for and attend the hearing
See below. Go through your documents and your points with your representative beforehand.
Get the outcome in writing
Ask for reasons, any further appeal stage and what happens to your end date, pay and record.
Writing the appeal letter
A good appeal letter is short, specific and organised by ground. This skeleton works for most policies. Replace the bracketed text, delete anything that does not apply, and have your representative check it.
Subject: Appeal against dismissal decision dated [date]
Dear [name of appeal contact],
I am writing to appeal against the decision to dismiss me, set out in your letter dated [date]. I am appealing within the deadline in [policy name / your letter]. My trade union representative is [name].
Grounds of appeal
- Process. [State the specific procedural points: for example that evidence was not provided before the hearing, with dates.]
- Evidence. [State which findings you say the evidence does not support and why, referring to documents.]
- Proportionality. [Explain why dismissal was not a reasonable response: your record, mitigation, steps taken since, treatment of comparable cases if you know them.]
- [Any other ground, such as new evidence or impartiality.] [Specific points.]
Outcome I am seeking: [that the decision to dismiss is overturned / that a lesser sanction is substituted].
I would be grateful if you could provide [list the documents you still need] and confirm the date of the appeal hearing, who will hear the appeal and whether my effective date of termination is affected pending the outcome. I reserve the right to add further points before the hearing.
Yours sincerely,
[name and employee number]
Do not include everything you have ever wanted to say. Concentrate on the points that go to the grounds. If you want a structured draft of this, the appeal letter in the NHS Disciplinary Hearing Pack is built around the process, evidence and proportionality grounds.
NHS Dismissal Guidance Advisor
Your ACAS deadline by dismissal date, plus a free rules-based check and one AI action plan.
NHS Disciplinary Hearing Pack
Free readiness check, then drafts for a records request, statement and appeal.
The appeal hearing
- Who attends. Usually the appeal manager (and often an HR adviser and a note-taker), you, and your representative. The manager who made the original decision may present the management case. The ACAS Code gives a statutory right to be accompanied at an appeal hearing by a fellow worker or a trade union representative or official.
- What it covers. Usually the grounds you raised, not a complete rerun. The appeal manager may review the original documents and ask you and the original decision-maker questions.
- What to prepare. A one-page summary of each ground with the document references, any mitigation or evidence of insight and strengthened practice, and the outcome you are seeking.
- On the day. Keep calm and factual, answer the questions asked, and let your representative sum up. Ask for a short break if you need one. You can ask for reasonable adjustments if you have a disability or health condition.
- After. Ask when you will have the decision and how it will be communicated.
The wider hearing structure is explained in our guide to the NHS disciplinary process.
After the outcome
- Appeal upheld. Ask for confirmation of your return date, pay and what happens to your record and any regulator referral already made.
- Sanction reduced. Ask for the new sanction in writing, the live period and your options if you remain unhappy.
- Appeal rejected. Ask for written reasons and whether any further appeal stage exists. Check your ACAS deadline today. See unfair vs constructive dismissal in the NHS for what a tribunal claim involves, and note that claims such as whistleblowing and discrimination need no minimum service.
- Referrals and pay. A regulator or DBS referral is a separate process, and your final pay, annual leave, pension and benefits position is covered in our pillar guide.
If you are appealing a redundancy decision rather than a conduct or capability dismissal, see appealing NHS redundancy selection.
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✓Why you can rely on this page
- ✓ Built on the ACAS Code of Practice and ACAS guidance on disciplinary outcomes and appeals, the ACAS tribunal time limits page and the commencement regulations (SI 2026/954).
- ✓ Does not invent trust appeal deadlines: those are set locally and in your letter.
- ✓ Uses clearly labelled examples, not typical figures or outcome rates.
- ✓ Reviewed as guidance changes, last checked October 2026. See our editorial policy.
Related guides
NHS Dismissal Letter: What It Must Say
What to check in the letter, with a request email.
Dismissed from the NHS: What Happens Next
Pay, pension, regulators and benefits after dismissal.
Unfair vs Constructive Dismissal in the NHS
What each claim needs, and the 6-month change.
NHS Disciplinary and Misconduct Process
The stages leading to the decision.
Appealing NHS Redundancy Selection
If your dismissal was a redundancy.
Employment Rights Act 2025: NHS Staff
Dated changes to time limits and qualifying periods.
NHS Dismissal Guidance Advisor
Your ACAS deadline, free.
NHS Disciplinary Hearing Pack
Appeal letter and statement drafts.
Employment Tribunal Time Limit Calculator (NHS)
Free tool: last day to contact Acas for six claim types, with early conciliation and the 1 October 2026 change.
NHS Dismissal Appeal: Free Check and Pack
Free readiness check, deadlines and six grounds, then appeal letter, grounds, records request, meeting prep, rep briefing and follow-ups.
Frequently asked questions
How long do I have to appeal an NHS dismissal? +
What can I appeal on? +
Does an appeal stop the tribunal time limit? +
Does my dismissal date change while I appeal? +
Can I have someone with me at the appeal? +
Who hears the appeal? +
What should the appeal letter say? +
What outcomes can an appeal have? +
What if I lose my appeal? +
I was made redundant rather than dismissed for conduct. Is it the same? +
This page is general information about appealing an NHS dismissal, drawn from ACAS and GOV.UK guidance and legislation.gov.uk, correct to the best of our knowledge as of October 2026. It is not legal, HR or employment advice and does not replace your trust's policy, your union's advice or specific legal advice. FrontlinePay is an independent site and is not affiliated with, or endorsed by, ACAS, GOV.UK, any NHS trust, NHS England or any trade union.
Unfair dismissal rules change on 1 January 2027
The qualifying period falls from two years to six months. We'll email you what it means for NHS staff before it starts. You also get the free PDF now.
Free. Independent, not affiliated with the NHS. Every email has an unsubscribe link. See our privacy policy.