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?

Posted in : First Tuesday Q&A ROI on 4 October 2016
Zelda Cunningham
Arthur Cox
Issues covered:

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

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Back to Q&A's This article is correct at 04/10/2016

The information in this article is provided as part of Legal-Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article.

Zelda Cunningham
Arthur Cox

The main content of this article was provided by Zelda Cunningham. Contact telephone number is +353 1 618 0000 or email

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