Ashwani Kumar wins unfair dismissal case over fake payslips

Ashwani Kumar, who managed a Papa John's branch in Harlow, Essex, has successfully sued his former employers for automatic unfair dismissal. The dispute arose after Mr. Kumar insisted on receiving official payslips and having his tax and National Insurance contributions lawfully paid to HMRC. He later discovered the payslips provided were not genuine and the deducted tax was never submitted to the authorities.

Confrontation Over Payment Terms

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The conflict escalated on January 25, 2025, when Mr. Kumar returned from holiday to find he had no work at the Harlow store. Management offered him a position at a different location but stipulated he must accept cash-in-hand payments. Mr. Kumar had previously refused an offer to work for £7.50 an hour on a cash-in-hand basis, instead requesting proper documentation to ensure tax compliance.

When Mr. Kumar refused the illicit payment terms and insisted on continuing his employment under lawful conditions, his employers summoned the police to remove him from the premises. Officers stated they could not intervene as management claimed he was no longer an employee, but they advised him to pursue an Employment Tribunal claim.

Tribunal Ruling and Company Response

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The East London Employment Tribunal heard that issues with payment practices had been ongoing since Mr. Kumar started his employment in February 2023. The company also failed to provide any holiday pay during his two-year tenure, incorrectly claiming he was not entitled to it. He was also not compensated for the busy December 2024 holiday period, resulting in a shortfall of £2,040.39 in net wages.

In a judgment published in July 2026, Employment Judge Jones ruled entirely in Mr. Kumar's favour. The judge determined that Mr. Kumar had been subjected to automatic unfair dismissal because he asserted his statutory rights regarding payslips, lawful tax deductions, and paid holiday. The respondents, EEM London Ltd, EEM Holdings Ltd, and owner Abdul Sattar Askar, failed to attend the tribunal hearing and did not submit any original defence documents.

The tribunal also found the respondents liable for unauthorised wage deductions and failure to pay notice pay. A future hearing will determine the exact financial compensation Mr. Kumar is owed. Papa John's stated to MyLondon that they take the tribunal's findings seriously, noting the case relates to an independently owned franchise. The company indicated they are taking steps to challenge the judgment.