Written statement of reasons for dismissal
Written statement of reasons for dismissal

The following Employment practice note provides comprehensive and up to date legal information covering:

  • Written statement of reasons for dismissal
  • Entitlement and qualifying conditions
  • Request
  • Qualifying period of employment
  • When no request for a statement is required
  • What must be provided
  • When the statement must be provided
  • Remedy
  • Evidence

Written statement of reasons for dismissal

Entitlement and qualifying conditions

An employee (see Practice Note: Employee status) who is dismissed, whether with or without notice, and who complies with certain qualifying conditions, is entitled to be provided, on request, with a written statement of reasons for that dismissal.

Dismissal in this context includes non-renewal of a fixed-term or limited-term contract on the expiry of the fixed term or the happening of the limiting event (see Practice Note: Definition of dismissal in unfair dismissal). It does not include constructive dismissal (see Practice Notes: Constructive dismissal and Definition of dismissal in unfair dismissal—Constructive dismissal).

Request

The first general qualifying condition is that the employee must ask his employer for a statement of written reasons for dismissal. If no request is made, generally the employee cannot claim either that no reasons were given or that any reasons that were given were inadequate.

There is no requirement that the request be made in writing but a written request is preferable for evidential reasons.

Qualifying period of employment

The second qualifying condition is that the entitlement generally only arises where the employee has worked continuously (see Practice Note: Continuity of employment) for

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