In the case of Afzal v, East London Pizza Ltd t/a Dominos Pizza an employee was dismissed due to his failure to provide evidence that he was entitled to work in the UK. The employer was not criticised for making this decision however it was noted that the employee was not afforded a right to appeal.
The Employment Appeal Tribunal referred the case to an employment judge as it felt the right to appeal should have been granted. The reason for this was that in an appeal, the employee could have produced evidence that showed he was entitled to work. If that were to happen then the dismissal could have been rescinded. It was felt that the employee was not given this further opportunity and it was unfair to deny him the right to appeal.
The message from this case is it’s always best practice to allow an employee the right to appeal even where the decision appears to be straightforward, and it is only in exceptional circumstances that employers should or could deny an employee this right.
The content on this page is for general awareness only. It is not intended to constitute professional or legal advice. Changes to legislation may have happened since this article was published. The contents of this article should not be used as a basis for action and the reader should be advised to seek the appropriate professional advice based on their individual circumstances.
