The right to written reasons for dismissal

Under section 92, ERA 96, employees with at least two years’ service have the right to a written statement of reasons for dismissal, which must be provided within 14 days of the request. If the request is refused, the employee can complain to an ET. An employee who is dismissed while pregnant or on maternity or adoption leave must be given a written statement without having to request it and no service is needed.

A dismissal without giving reasons is likely to be unfair (Adams v Derby City Council [1986] IRLR 163). So is a dismissal where the reason for dismissal changes part way through the dismissal procedure without justification (Perry v Imperial College Healthcare NHS Trust [2011] UKEAT 0473/10/2207).