Handling a late appeal submission

A client approached me with a challenging situation involving an employee who had submitted an appeal against dismissal after the prescribed deadline had passed. The organisation’s disciplinary policy clearly stated that appeals must be lodged within five working days of the decision. In this case, the appeal was submitted nine working days after the employee had been formally dismissed.

The employee cited personal difficulties, including a family bereavement, as the reason for the delay. Although the policy was clear, the organisation wanted to ensure they acted fairly and consistently while also being mindful of potential legal risks if the appeal was rejected outright.

Steps Taken to Resolve the Issue

1. Acknowledging the Delay:

I advised the client to promptly acknowledge receipt of the appeal, making it clear that the submission was late but that it would be reviewed carefully in light of the extenuating circumstances. This approach demonstrated both empathy and professionalism, maintaining a tone of fairness from the outset.

2. Assessing the Reason for the Delay:

We invited the employee to provide further details and evidence of the personal difficulties they were experiencing. The employee submitted a death certificate and an email from their GP, confirming that they had been receiving support for stress and anxiety during the period in question.

Evaluation and Considerations

To make a balanced and fair decision, I guided the organisation through several key considerations:

• Genuineness and Verifiability: The evidence provided was credible and demonstrated genuine reasons for the delay.

• Past Practices: We reviewed previous cases to check whether any flexibility had been shown in similar circumstances. Although there was no precedent for accepting late appeals, the company had previously shown flexibility in other procedural aspects when personal difficulties were involved.

• Legal and Fairness Considerations: I emphasised the importance of showing compassion, particularly when mental health issues were a factor, as failing to do so could potentially expose the organisation to claims of unfair dismissal or discrimination.

Resolution and Outcome

After carefully considering the evidence and potential risks, I recommended allowing the appeal to proceed. This decision was based on:

• The strength and credibility of the evidence provided.

• The organisation’s commitment to being a compassionate and reasonable employer.

• The importance of maintaining consistency with the company’s values and reputation.

The appeal hearing was arranged, giving the employee a fair opportunity to present their case.

Post-Resolution Reflection

In my follow-up discussions with the client, I recommended reviewing the appeal policy to build in some discretionary wording, allowing for late submissions in exceptional circumstances. This would provide clarity and consistency in future cases without undermining the general expectation of timeliness.

By approaching the situation with empathy, consistency, and a clear rationale, the organisation not only demonstrated best practice in employee relations but also mitigated potential legal risks. The employee appreciated the opportunity to be heard, which helped maintain a positive perception of the organisation despite the challenging circumstances.