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).