Appeal against the finding and outcome of a first stage meeting
16.—(1) This regulation applies where, at the first stage meeting, the line manager found that the performance or attendance of the officer concerned has been unsatisfactory.
(2) Where this regulation applies, the officer concerned may appeal against—
(a)such finding; or
(b)any of the matters specified in paragraph (3) and recorded in the written improvement notice (in these Regulations referred to as the relevant terms of the written improvement notice),
or both.
(3) The matters specified in this paragraph are—
(a)the respect in which the performance or attendance of the officer concerned is considered unsatisfactory;
(b)the improvement that is required in their performance or attendance;
(c)the length of the period specified by the line manager in accordance with regulation 14(6)(c).
(4) The only grounds of appeal under this regulation are—
(a)that the finding of unsatisfactory performance or attendance was unreasonable;
(b)that any of the relevant terms of the written improvement notice are unreasonable;
(c)that there is evidence that could not reasonably have been considered at the first stage meeting which could have materially affected the finding of unsatisfactory performance or attendance or any of the relevant terms of the written improvement notice;
(d)that there was a breach of the procedures set out in these Regulations or other unfairness which could have materially affected the finding of unsatisfactory performance or attendance or any of the relevant terms of the written improvement notice.
(5) Any appeal is to be commenced by the officer concerned giving written notice of the appeal to the second line manager before the end of 7 working days beginning with the first working day after receipt of the documents referred to in regulation 15(5) of the appeal.
(6) A notice given under paragraph (5) must—
(a)set out the grounds of appeal of the officer concerned; and
(b)be accompanied by any evidence on which the officer concerned relies.
(7) The second line manager may, on the application of the officer concerned, extend the period specified in paragraph (5) if the manager is satisfied that it is appropriate to do so.
(8) Subject to paragraph (9), the meeting at which the appeal is to be heard (referred to in these Regulations as the first stage appeal meeting) is to take place before the end of 7 working days beginning with the first working day after the day on which the notice under paragraph (5) is received by the second line manager.
(9) A first stage appeal meeting may take place after the period of 7 working days referred to in paragraph (8) if the second line manager considers it necessary or expedient, in which case they must notify the officer concerned of the reasons in writing.