The right to written reasons for dismissal 



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 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 a fee to assert this basic right (see Chapter 13).



A dismissal without giving reasons is likely to be unfair (Adams v Derby City Council [1986] IRLR 163).


Changing the reason for dismissal part way through the dismissal procedure without fresh evidence to justify this is likely to make the dismissal unfair (Perry v Imperial College Healthcare NHS Trust [2011] UKEAT 0473/10/2207).