Although the SDP has now been repealed, it is still not dead and burried. We will continue to see appeal cases for some time yet.
The EAT has published one such case today, which holds that where an employee appeals outside of the time limit contained in the employer’s disciplinary procedure, that delay in appealing will be an unreasonable delay with the consequence that the employer is relieved of its obligation to consider the appeal under the statutory dismissal procedure (i.e. a failure to consider the appeal will not render the dismissal automatically unfair). However, the employer should still consider whether it is appropriate to relax its time limit for appealing in accordance with general unfair dismissal requirements.