Dismissal

by Kate Russell

Written statement of reasons for dismissal

The Employment Rights Act 1996 provides that employees who have been dismissed may request from their employer a written statement of the reasons for their dismissal, which their employer must provide within 14 days of the effective date of termination. Employees who are dissatisfied because they have not received a statement or believe the statement to be inaccurate may refer the matter to an employment tribunal. All employees with two years’ continuous service with their employer qualify for this right.

An employee who is dismissed at any time and for any reason, either while she is pregnant or during a statutory maternity leave period, will be entitled to receive a written statement of the reason for her dismissal, without having to request it and regardless of her length of service.

There is, of course, nothing to prevent an employer from providing written statements voluntarily for employees who do not qualify for this right under employment legislation.