(Paragraphs 14.26 and 14.27)

(See also Civil Service Management Code, Chapter 12 - Appeals and legal representation at public expense).

1. Once the decision has been taken to retire compulsorily or dismiss a member of staff, he or she will be informed of the decision and of the right to appeal to the Civil Service Appeal Board. Staff must give the Board notice of their intention to appeal within 3 months of the effective date of termination of the appointment.

2. As soon as the Board receives notice of such an appeal, the Secretary will inform the Human Resources Office of the appeal and the broad grounds on which it is based. The appellant must submit his or her full case in writing to the Secretary of the Board within the timescale set by the Board, and the Board will then check the appellant's eligibility to appeal.

3. The Human Resources Office will be sent a copy of the appellant's full case by the Board and will be invited to explain the reasons for the decision and to comment, if it wishes, on any points made by the appellant. The Human Resources Office should reply within 21 days. The appellant will be entitled to a copy of the employer's statement, which should contain all the relevant facts, explaining the reasons for the decision, and the Board may, on application by the appellant, require the employer to give the appellant access to other papers which the Board considers he or she should see for the purpose of presenting his or her case.

4. In considering each case, the Board will apply the following procedure:

(1) The Board may invite either party to give further evidence orally or in writing. The appellant may have the assistance of a friend or trade union representative, who may submit evidence on the appellant's behalf.

(2) The appellant is entitled to appear before the Board in person, whether or not invited to do so, and to be assisted by a friend or trade union representative. The Secretary to the Board will notify the appellant in advance of the date on which the Board will consider the case and will ask whether he or she intends to exercise the right to appear.

(3) If the appellant exercises the right to appear before the Board, the employer will be invited to be represented. If the appellant chooses not to appear, the employer will not be invited.

(4) No cross-examination is permitted of one party by the other.

5. The Board for each case will consist of three people sitting together: a permanent Chairman (or Deputy Chairman), and two members, one drawn from a panel nominated by the Civil Service Official Side, and one from a panel nominated by the Council of Civil Service Unions (Trade Union Side). The Board will operate without undue formality. Its purpose is to decide whether the decision to retire prematurely or to dismiss is fair. If the Board decides that it is not, it may recommend to the employer either that the appellant shall not be retired or dismissed; or that compensation, or additional compensation in a case of premature retirement, should be paid. If the Board considers that some other action is more appropriate it will recommend accordingly.

6. If a recommendation not to retire or dismiss is made, the employer will decide whether the decision must stand, and that decision will be final. In cases of premature retirement in the public interest, the employer will normally be expected to accept the recommendation of the Board unless there are overriding reasons to the contrary. If a recommendation not to retire or dismiss is rejected by the employer, the Board will consider whether to recommend compensation, or additional compensation in the case of premature retirement.

7. The Secretary to the Board will notify the appellant of the Board's recommendation and its revised recommendation, if any, and the employer's decision will be notified by the employer to the appellant and the Board.

8. The House of Lords will pay any compensation or additional compensation recommended by the Board. The House of Lords will also meet:

(1) the travelling and subsistence expenses of staff called before the Board, including staff attending as the appellant's colleague or representative;

(2) the travelling and subsistence expenses (at the same rates applicable to the appellant) and loss of earnings, if appropriate, incurred by any non-House of Lords official (other than a full-time trade union representative or solicitor or barrister) who, with the agreement of the Board, attends with the appellant or on behalf of the appellant; and

(3) the travelling and subsistence expenses of the appellant in attending the Board, on the same basis as if on official business.

The payment of such expenses will be met in accordance with the normal Civil Service rules for travel and subsistence allowances and for loss of earnings.