Skip to main content
CLOSE

Charities

Close

Corporate and Commercial

Close

Employment and Immigration

Close

Fraud and Investigations

Close

Individuals

Close

Litigation

Close

Planning, Infrastructure and Regeneration

Close

Public Law

Close

Real Estate

Close

Restructuring and Insolvency

Close

Energy

Close

Entrepreneurs

Close

Private Wealth

Close

Real Estate

Close

Tech and Innovation

Close

Transport and Infrastructure

Close
Home / News and Insights / News / 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

Our Offices

London
One Bartholomew Close
London
EC1A 7BL

Cambridge
50/60 Station Road
Cambridge
CB1 2JH

Reading
The Anchorage, 34 Bridge Street
Reading RG1 2LU

Southampton
4 Grosvenor Square
Southampton SO15 2BE

 

Reading
The Anchorage, 34 Bridge Street
Reading RG1 2LU

Southampton
4 Grosvenor Square
Southampton SO15 2BE

  • Lexcel
  • CYBER ESSENTIALS PLUS

© BDB Pitmans 2024. One Bartholomew Close, London EC1A 7BL - T +44 (0)345 222 9222

Our Services

Charities chevron
Corporate and Commercial chevron
Employment and Immigration chevron
Fraud and Investigations chevron
Individuals chevron
Litigation chevron
Planning, Infrastructure and Regeneration chevron
Public Law chevron
Real Estate chevron
Restructuring and Insolvency chevron

Sectors and Groups

Private Wealth chevron
Real Estate chevron
Transport and Infrastructure chevron