Right to written reasons for dismissal

Under section 92 of the 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 request. If the request is refused, 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 without having to request it. No service is needed. Like every tribunal claim, there is now a fee to assert this basic right (see Chapter 1).

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

Changing the reason for dismissal part way through the dismissal procedure is likely to make the dismissal unfair (See, for example, Perry v Imperial College Healthcare NHS Trust [2011] UKEAT 0473/10/2207).