Skip to main content
Home / News and Insights / News / The power of an appeal: more than just a pizza topping
Bircham Dyson Bell (BDB) LLP and Pitmans LLP merged on 1 December 2018 to become BDB Pitmans LLP. More details can be found here
11 July 2018

The power of an appeal: more than just a pizza topping

The Employment Appeals Tribunal has confirmed in the case of Afzal v East London Pizza Ltd t/a Dominos Pizza that an employee dismissed for failing to evidence his continued right to work in the UK, should have had the right to appeal his dismissal.

Mr Afzal was employed by Dominos. Although his work visa was due to expire, his right to work could be extended provided he had applied to confirm his right to permanent residence, and could evidence the application. Although Mr Afzal sent Dominos an email purporting to evidence this, because Dominos could not open it and being concerned about potential criminal and civil penalties for continuing to employ him, Dominos dismissed him on the expiry of his work visa. No right of appeal was given.

This case confirmed that although there was nothing wrong with the initial decision to dismiss, as a genuine belief was held, this did not preclude an appeal. An appeal could have established that Dominos’ belief that Mr Afzal’s continued employment would have been illegal, while genuine, was wrong. Mr Afzal could have provided relevant documents, assurances could have been provided from his solicitor, or the Home Office Employer Checking Service could have been used. If his continued right to work had been established, Mr Afzal could have been reinstated and employed lawfully.

Related Articles

London and Cambridge Offices

London Westminster
50 Broadway, London

London City
107 Cheapside, London

51 Hills Road, Cambridge

Reading and Southampton Offices

Reading, Castle Street
47 Castle Street Berkshire,
Reading RG1 7SR

Reading, The Anchorage
34 Bridge Street Berkshire,
Reading RG1 2LU

Southampton, The Avenue
46 The Avenue Southampton
Southampton SO17 1AX

Follow us

  • Pay my invoice
  • Lexcel

© BDB Pitmans 2019. 50 Broadway, London, SW1H 0BL - T +44 (0)345 222 9222