LRD guides and handbook May 2013

Law at Work 2013

Chapter 10

Right to written reasons for dismissal

Under section 92 of the ERA 96, employees with at least one year’s continuous service (two years if they started work on or after 6 April 2012) have the right to a written statement of reasons for dismissal, which must be provided within 14 days of request. If the employer refuses to give a statement, the employee can complain to an employment tribunal. From Summer 2013, there will be a fee for this claim (see Chapter 1).

An employee dismissed while pregnant or on maternity or adoption leave is entitled to a written statement without having to request it, and does not need service.

If an employer dismisses without giving reasons, that dismissal is likely to be unfair (Adams v Derby City Council [1986] IRLR 163).

Changing the basis of the dismissal part way through the dismissal procedure is likely to be unfair (Perry v Imperial College Healthcare NHS Trust UKEAT/0473/10/JOJ).