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 against his employer on the ground that the employer unreasonably refused to provide a written statement under subsection (1) 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 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))
Modifications etc. (not altering text)
C1S. 53 modified by S.I. 1989/901, arts. 3, 4(a), Sch.