An employee’s right to lodge an appeal against their employer’s decision to dismiss is well established and set out in the Acas Code of Practice on Disciplinary and Grievance Procedures. There are circumstances where a failure to offer a right of appeal will not necessarily render a dismissal unfair. However, in a recent case concerning an individual’s immigration status and his right to work, the EAT has confirmed that the employer should have offered a right of appeal, notwithstanding the employer’s genuinely held belief that the individual’s continued employment was illegal.