Employment Protection (Consolidation) Act 1978

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 [F2 not less than two years] ending with that date].

[F3 (2A) An employee shall be entitled (without making any request and irrespective of whether or not she has been continuously employed for any period) to be provided by her employer with a written statement giving particulars of the reasons for her dismissal if she is dismissed—

(a) at any time while she is pregnant, or

(b) after childbirth in circumstances in which her maternity leave period ends by reason of the dismissal.]

(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 F4 . . . on the ground that the employer unreasonably [F5 failed to provide a written statement under this section] or that the particulars of reasons given in purported compliance with [F5 this 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

F1 Words substituted with saving by Employment Act 1982 (c. 46, SIF 43:5), s. 20, Sch. 2 para. 4

F2 Words 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))

F3 S. 53(2A) inserted (10.6.1994) by 1993 c. 19, s. 24(4); S.I. 1994/1365, art. 2, Sch.

F4 Words 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

F5 Words 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)

C1 S. 53 modified by S.I. 1989/901, arts. 3, 4(a), Sch.

C2 S. 53(2) modified (1.4.1996) by S.I. 1996/1023, arts. 3, 4