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    BASIC POSITION

    CAUTION: go to notes on Equality Act 2010/changes made by the Act for changes to discrimination law in effect from 1st October 2010. The unique emplaw EA 2010 cross-reference tool will locate new statutory references for you.

    Dismissed employees who have completed one years' continuous employment are entitled on request to a written statement from their employer particularising the reasons for dismissal (ERA 1996 s.92). An employee employed under a fixed term contract which expires without renewal also has this entitlement provided he fulfils the one year continuous employment condition (ERA 1996 s.92(1)(c)).

    Neither the one year service requirement nor the need to make a request for the written statement apply in the case of a woman dismissed while she is pregnant or (in most cases) during her maternity leave period (ERA 1996 s.92(4)).

    The qualifying period was reduced from two years to one by the Unfair Dismissal and Statement of Reasons for Dismissal (Variation of Qualifying Period) Order 1999, SI 1999/1436 (making an appropriate amendment to ERA 1996 s.92 for dismissals taking place on or after 1st June 1999 - see notes at Written reasons for dismissal/employee's entitlement to/not if less than 1 yrs employment ).

    Separately a right "to receive a written statement of reasons for less favourable treatment" (ie than permanent employees) is available for fixed-term employees from 1st October 2002 (see FTER 2002 reg 5 and notes at Fixed term contracts/2002 regulations ). Also, a fixed term employee who considers that his contract has been converted into a permanent contract by the 2002 regulations has a right to a written statement from his employer that that is so (see FTER 2002 reg 9 and notes at Fixed term contracts/2002 regulations ). No qualifying period of employment will be required for exercise of these rights.

    See also Main Topic WRITTEN REASONS FOR DISMISSAL .


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    updated August2002.