C1Part IV Termination of Employment

Annotations:
Modifications etc. (not altering text)

53 Written statement of reasons for dismissal. C2

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 F1F2not 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.