- Latest available (Revised)
- Point in Time (06/04/2004)
- Original (As enacted)
Version Superseded: 06/04/2005
Point in time view as at 06/04/2004.
Employment Rights Act 1996, Cross Heading: Written statement of reasons for dismissal is up to date with all changes known to be in force on or before 17 August 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
(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
[F1(c)if the employee is employed under a limited-term contract and the contract terminates by virtue of the limiting event without being renewed under the same contract.]
(2)Subject to [F2subsections (4) and (4A)] , 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 [F3subsections (4) and (4A)] , 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 [F4one 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 [F5ordinary or additional maternity leave period] ends by reason of the dismissal.
[F6(4A)An employee who is dismissed while absent from work during an ordinary or additional adoption leave period is entitled to a written statement under this section without having to request it and irrespective of whether he has been continuously employed for any period if he is dismissed in circumstances in which that 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
[F7(c)in relation to an employee who is employed under a limited-term contract which.]
(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
F1S. 92(1)(c) substituted (1.10.2002) by The Fixed-term Employees (Prevention of Less Favourable Treatment) Regulations 2002 (S.I. 2002/2034), reg. 11, Sch. 2 Pt. 1 para. 3(5) (with regs. 13-20 and subject to transitional provisions in Sch. 2 Pt. 2)
F2Words in s. 92(2) substituted (8.12.2002) by Employment Act 2002 (c. 22), s. 53, Sch. 7 para. 31; S.I. 2002/2866, art. 2(2), Sch. 1 Pt. 2
F3Words in s. 92(3) substituted (8.12.2002) by Employment Act 2002 (c. 22), s. 53, Sch. 7 para. 31; S.I. 2002/2866, art. 2(2), Sch. 1 Pt. 2
F4Words in s. 92(3) substituted (1.6.1999) by S.I. 1999/1436, art. 2
F5Words 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)
F6S. 92(4A) inserted (8.12.2002) by Employment Act 2002 (c. 22), s. 53, Sch. 7 para. 31; S.I. 2002/2866, art. 2(2), Sch. 1 Pt. 2
F7S. 92(6)(c) substituted (1.10.2002) by virtue of The Fixed-term Employees (Prevention of Less Favourable Treatment) Regulations 2002 (S.I. 2002/2034), reg. 11, Sch. 2 Pt. 1 para. 3(6) (with regs. 13-20 and subject to transitional provisions in Sch. 2 Pt. 2)
Modifications etc. (not altering text)
C1S. 92 modified (E.W.) (1.9.1999) by S.I. 1999/2256, art. 3, Sch.
C2S. 92 modified (E.) (1.9.2003) by The Education (Modification of Enactments Relating to Employment) (England) Order 2003 (S.I. 2003/1964), art. 3, Sch.
C3S. 92 modified (E.) (1.9.2003) by The Education (Modification of Enactments Relating to Employment) (England) Order 2003 (S.I. 2003/1964), art. 4(a)
(1)A complaint may be presented to an [F8employment 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 [F8employment 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 [F8employment 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
F8Words 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)
C4Ss. 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))
C5S. 93 modified (E.W.) (1.9.1999) by S.I. 1999/2256, art. 3, Sch.
C6S. 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.
C7S. 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. }
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: