Part IX Termination of employment
Written statement of reasons for dismissal
C5C692 Right to written statement of reasons for dismissal.
1
An employee is entitled to be provided by his employer with a written statement giving particulars of the reasons for the employee’s dismissal—
a
if the employee is given by the employer notice of termination of his contract of employment,
b
if the employee’s contract of employment is terminated by the employer without notice, or
c
if the employee is employed under a contract for a fixed term and that term expires without being renewed under the same contract.
2
Subject to subsection (4), an employee is entitled to a written statement under this section only if he makes a request for one; and a statement shall be provided within fourteen days of such a request.
3
Subject to subsection (4), an employee is not entitled to a written statement under this section unless on the effective date of termination he has been, or will have been, continuously employed for a period of not less than F2one year ending with that date.
4
An employee is entitled to a written statement under this section without having to request it and irrespective of whether she has been continuously employed for any period 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.
5
A written statement under this section is admissible in evidence in any proceedings.
6
Subject to subsection (7), in this section “the effective date of termination”—
a
in relation to an employee whose contract of employment is terminated by notice, means the date on which the notice expires,
b
in relation to an employee whose contract of employment is terminated without notice, means the date on which the termination takes effect, and
c
in relation to an employee who is employed under a contract for a fixed term which expires without being renewed under the same contract, means the date on which the term expires.
7
Where—
a
the contract of employment is terminated by the employer, and
b
the notice required by section 86 to be given by an employer would, if duly given on the material date, expire on a date later than the effective date of termination (as defined by subsection (6)),
the later date is the effective date of termination.
8
In subsection (7)(b) “the material date” means—
a
the date when notice of termination was given by the employer, or
b
where no notice was given, the date when the contract of employment was terminated by the employer.
C1C2C3C493 Complaints to F1employment tribunal.
1
A complaint may be presented to an F1employment tribunal by an employee on the ground that—
a
the employer unreasonably failed to provide a written statement under section 92, or
b
the particulars of reasons given in purported compliance with that section are inadequate or untrue.
2
Where an F1employment tribunal finds a complaint under this section well-founded, the tribunal—
a
may make a declaration as to what it finds the employer’s reasons were for dismissing the employee, and
b
shall make an award that the employer pay to the employee a sum equal to the amount of two weeks’ pay.
3
An F1employment tribunal shall not consider 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 111, consider a complaint of unfair dismissal in respect of that dismissal presented at the same time.