Written reasons for dismissal

Under section 92 of the ERA 96, employees with at least two years’ continuous service have the right to a written statement of reasons for dismissal, to be provided within 14 days of the request. The right is also available after two years to temporary employees when a fixed-term contract is not renewed.

If an employer refuses to give a statement, the employee can complain to an employment tribunal.

An employee dismissed while pregnant or on maternity or adoption leave is entitled to a written statement from day one without having to request it.

If an employer dismisses without giving any reasons, the dismissal will almost certainly be unfair (Adams v Derby City Council [1986] IRLR 163). Changing the reasons for dismissal after the event may also make the dismissal unfair, as well as casting doubt on the employer’s credibility by suggesting that the original reason was not genuine.

Getting employers to put their reasons in writing can make it easier to decide whether there is a potential claim and the sorts of argument the employer may use to defend the dismissal. The statement can be used in evidence in tribunal proceedings, and inconsistencies between the written statement and the employer’s evidence to the tribunal can be used to the employee’s advantage.