Employment Protection Act 1975

70Written statement of reasons for dismissal

(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 14 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) above unless on the effective date of termination he has been, or will have been, continuously employed for a period of 26 weeks ending with the last complete week before 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 against his employer on the ground that the employer unreasonably refused to provide a written statement under subsection (1) above or that the particulars of reasons given in purported compliance with that subsection 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 paragraph 21(4) or (4A) of Schedule 1 to the 1974 Act, entertain a complaint of unfair dismissal in respect of that dismissal presented at the same time.

(6)For the purposes of Part II of Schedule 4 to this Act as it applies for the calculation of a week's pay for the purposes of this section, the calculation date where the dismissal was with notice is the date on which the employer's notice was given and in any other case is the effective date of termination.