Employment Rights Act 1996

Written statement of reasons for dismissal E+W+S

92 Right to written statement of reasons for dismissal. E+W+S

(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 [F1 one 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 [F2 ordinary or additional 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.

Textual Amendments

F1 Words in s. 92(3) substituted (1.6.1999) by S.I. 1999/1436, art. 2

F2 Words in s. 92(4)(b) substituted (15.12.1999) by 1999 c. 26, s. 9, Sch. 4 Pt. III para. 12; S.I. 1999/2830, art. 2(2), Sch. 1 Pt. II (with Sch. 3 paras. 10, 11)

Modifications etc. (not altering text)

C1 S. 92 modified (E.W.) (1.9.1999) by S.I. 1999/2256, art. 3, Sch.

93 Complaints to [F3 employment tribunal]. E+W+S

(1) A complaint may be presented to an [F3 employment 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 [F3 employment 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 [F3 employment 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.

Textual Amendments

F3 Words in s. 93(1)-(3) and sidenote to s. 93 substituted (1.8.1998) by 1998 c. 8, s. 1(2)(a) (with s. 16(2)); S.I. 1998/1658, art. 2(1), Sch. 1

Modifications etc. (not altering text)

C2 Ss. 66-68, 70-71, 92-93, Pt. X (ss. 94-134) modified (E.W.) (2.3.1998) by S.I. 1998/218, art. 3, Sch. (which S.I. was revoked (1.9.1999) by S.I. 1999/2256, art. 1(2))

C3 S. 93 modified (E.W.) (1.9.1999) by S.I. 1999/2256, art. 3, Sch.

C4 S. 93 modified (E.) (1.9.2003) by The Education (Modification of Enactments Relating to Employment) (England) Order 2003 (S.I. 2003/1964), art. 3, Sch.

C5 S. 93 modified (W.) (12.5.2006) by The Education (Modification of Enactments Relating to Employment) (Wales) Order 2006 (S.I. 2006/1073), arts. 1(1), 3, {Sch. }