An employee has issued an appeal outside our time limits in the disciplinary procedure. May we reject his appeal on the ground that it is late or might this be held against us if he pursues a legal claim?

It is technically open to an employer to reject the appeal; however this right should be exercised with caution. Employers are held to a higher standard than employees and the employer will be required to show that rejection is reasonable in the circumstances. At a minimum, an employer should be satisfied the employee was clearly notified of the time limits attached to their right to appeal. 

Reasonableness will depend on, for example, how late the appeal was and any reasons given for the delay. The time allowed to notify an appeal may also be considered in this regard.  The employee should be invited to provide reasons for the delay and where there is reasonable cause for the