We recently had a member of staff return to work after long-term illness. A meeting was held prior to their first day and a phased return to work was agreed - reduced hours with the view that this would gradually be increased, dependant on the employee's condition.
The possibility of increasing hours was discussed after a couple of months in but the employee's GP advised that this was not possible. The employee was therefore told that, since part time roles are not offered in the business, their contract would be terminated on the grounds of capability.
This was all confirmed to the employee in writing and they were offered 14 days to appeal. The employee did decide to appeal (after the deadline), on the grounds of discrimination.
What would be the best course of action to take here? Are we obliged to investigate a late appeal? I'm conscious that the individual has three months to take their claim to an Employment Tribunal, if they wish to.
Any advice would be greatly appreciated!