Whelan, who was sent off for a second bookable offence at Boundary Park on Saturday has been hit with a two-game ban instead of the usual one-match punishment for two yellow cards because it is his second dismissal of the season.
The Republic of Ireland Under-21 skipper was sent off against Coventry in the league cup earlier in the season.
But any appeal will not work because clubs can only ask for a hearing if the players gets a straight red card - and Whelan's case is completely different because he got two yellows.
The ban though is controversial because television replays show that Whelan did not make contact with the Oldham player in stoppage time and with many fans calling for a booking to the opposition player, it was Whelan who saw his second yellow.