53 Written statement of reasons for dismissal. E+W+S
(1)An employee shall be entitled—
(a)if he is given by his employer notice of termination of his contract of employment;
(b)if his contract of employment is terminated by his employer without notice; or
(c)if, where he is employed under a contract for a fixed term, that term expires without being renewed under the same contract,
to be provided by his employer, on request, within fourteen days of that request, with a written statement giving particulars of the reasons for his dismissal.
(2)An employee shall not be entitled to a written statement under subsection (1) unless on the effective date of termination he has been, or will have been, continuously employed for a period of [F1[F2not less than two years] ending with that date].
(3)A written statement provided under this section shall be admissible in evidence in any proceedings.
(4)A complaint may be presented to an industrial tribunal by an employee F3. . . on the ground that the employer unreasonably [F4failed to provide a written statement under this section] or that the particulars of reasons given in purported compliance with [F4this section] are inadequate or untrue, and if the tribunal finds the complaint well-founded—
(a)it may make a declaration as to what it finds the employer’s reasons were for dismissing the employee; and
(b)it shall make an award that the employer pay to the employee a sum equal to the amount of two weeks’ pay.
(5)An industrial tribunal shall not entertain a complaint under this section relating to the reasons for a dismissal unless it is presented to the tribunal at such a time that the tribunal would, in accordance with section 67(2) or (4), entertain a complaint of unfair dismissal in respect of that dismissal presented at the same time.
Textual Amendments
F1Words substituted with saving by Employment Act 1982 (c. 46, SIF 43:5), s. 20, Sch. 2 para. 4
F2Words substituted by Employment Act 1989 (c. 38, SIF 43:1), ss. 15(1), 29(6), Sch. 9 para. 4(1) (subject to a saving in S.I. 1990/189, art. 3(2))
F3Words in s. 53(4) repealed (30.8.1993) by 1993 c. 19, s. 51, Sch.10; S.I. 1993/1908, art. 2(1), Sch.1
F4Words in s. 53(4) substituted (30.8.1993) by 1993 c. 19, s. 49(2), Sch. 8 para.11; S.I. 1993/1908, art. 2(1), Sch. 1
Modifications etc. (not altering text)
C1S. 53 modified by S.I. 1989/901, arts. 3, 4(a), Sch.
C2S. 53(2) modified (1.4.1996) by S.I. 1996/1023, arts. 3, 4