The EAT has confirmed that an employer's obligation under the statutory dismissal and disciplinary procedure to notify an employee of his right to appeal does not mean that the notification must be made in writing. 

Under step 2 of the statutory dismissal and disciplinary procedure an employer must, after the first meeting "inform the employee of his decision and notify him of the right to appeal against the decision if he is not satisfied with it". Best practice in this area is to include the right to appeal in writing in a letter setting out the employer's decision. But the EAT has recently confirmed that whilst this may be best practice, it is not a requirement of the SDDP. So an employer's failure to communicate the right in writing could not lead to a finding of automatic unfair dismissal and compensation uplift.

It is always advisable to put the right in writing if only to avoid any argument at tribunal that your employee was not afforded the right.