In Afzal v East London Pizza Ltd t/a Dominos Pizza, the Employment Appeal Tribunal (EAT) decided it was procedurally unfair not to offer a right of appeal to an employee who had failed to evidence his right to work in the UK.
The employer believed that the employee had a time-limited right to work in the UK which was due to expire unless he applied for a document evidencing his right to permanent residency. He made the application in time but failed to provide evidence of doing so to his employer by the requisite date. In the absence of this evidence and in the genuine belief that his continued employment was illegal, his employer decided to dismiss him immediately. The employee was not offered the opportunity to appeal.
The EAT said that the employer was justified in dismissing the employee because of the missing evidence; however, it was wrong not to offer a right of appeal. Had it done so, it could have received the evidence of his right to work and it could then have reinstated the employee. The lack of appeal was telling.
This case emphasises that it is important that employers offer the right of appeal in a ‘right to work’ dismissal. More broadly, it also serves as a useful reminder that offering a right of appeal to those in the firing line (whatever the reason for dismissal) is essential in almost every case. As the EAT said, ‘[t]here is no doubt that in modern employment relations practice the provision of an appeal is virtually universal… Whether a dismissal is unfair is to be judged on the whole process, including any right of appeal’.
