The right to written reasons for dismissal
[ch 10: page 325]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 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.
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 was changed part way through the dismissal procedure without fresh evidence to justify this (Perry v Imperial College Healthcare NHS Trust [2011] UKEAT 0473/10/2207).