If an employer suddenly and without warning completes an internal appeal procedure just before the expiry of the three month time limit for bringing a dismissal claim (so the employee cannot have the extra three months available where the appeal remains outstanding), it is not reasonably practicable for the employee to commence proceedings in time and the tribunal will permit a late claim if made within a further reasonable period.

What is reasonably practicable will depend on the facts. In previous cases, the original time limit has been enforced against employees notified of the rejection of their internal appeal over one working day before the time limit expiry. Here, it was not reasonably practicable to bring the complaint in time where the employee found out that his appeal was rejected at 7pm and the time limit expired at midnight. (RBS v Bevan, EAT)