Employment Rights Act 1996, section 92

Right to written statement of reasons for dismissal

Part IX Termination of employment

(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

[F621 (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.F621]

(2)Subject to [F622subsections (4) and (4A)F622] , 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 [F623subsections (4) and (4A)F623] , 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 [F624two yearsF624] 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 [F625ordinary or additional maternity leave periodF625] ends by reason of the dismissal.

[F626 (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.F626]

(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

[F627 (c)in relation to an employee who is employed under a limited-term contract which terminates by virtue of the limiting event without being renewed under the same contract, means the date on which the termination takes effect.F627]

(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.

Definitions used in section 92 7

employee

(1) In this Act “employee” means an individual who has entered into or works under (or, where the employment has ceased, worked under) a contract of employment.

Defined in s.230(1) · see it in the full Act
employer

(4) In this Act “employer”, in relation to an employee or a worker, means the person by whom the employee or worker is (or, where the employment has ceased, was) employed.

Defined in s.230(4) · see it in the full Act

(6) This section has effect subject to sections 43K , 47B(3) and 49B(10) ; and for the purposes of Part XIII so far as relating to Part IVA or section 47B, “worker”, “worker’s contract” and, in relation to a worker, “employer”, “employment” and “employed” have the extended meaning given by section 43K.

Defined in s.230(6) · see it in the full Act
contract of employment

(2) In this Act “contract of employment” means a contract of service or apprenticeship, whether express or implied, and (if it is express) whether oral or in writing.

Defined in s.230(2) · see it in the full Act
employed

and “employed” shall be construed accordingly.

Defined in s.230(5) · see it in the full Act

(6) This section has effect subject to sections 43K , 47B(3) and 49B(10) ; and for the purposes of Part XIII so far as relating to Part IVA or section 47B, “worker”, “worker’s contract” and, in relation to a worker, “employer”, “employment” and “employed” have the extended meaning given by section 43K.

Defined in s.230(6) · see it in the full Act
limited-term contract

(2A) For the purposes of this Act a contract of employment or other worker’s contract is a “limited-term contract” if—

(a)the employment under the contract is not intended to be permanent, and

(b)provision is accordingly made in the contract for it to terminate by virtue of a limiting event.

Defined in s.235(2A) · see it in the full Act
limiting event

(2B) In this Act, “limiting event”, in relation to a contract of employment or other worker’s contract means—

(a)in the case of a contract for a fixed-term, the expiry of the term,

(b)in the case of a contract made in contemplation of the performance of a specific task, the performance of the task, and

(c)in the case of a contract which provides for its termination on the occurrence of an event (or the failure of an event to occur), the occurrence of the event (or the failure of the event to occur).

Defined in s.235(2B) · see it in the full Act
childbirth

“childbirth” means the birth of a living child or the birth of a child whether living or dead after twenty-four weeks of pregnancy,

Defined in s.235(1) · see it in the full Act

Cases considering section 92 5

F Ntakibirora Mahoro v The Northern Care Alliance

[2025] EAT 85 · 12 June 2025Interprets

Section 92(1) gives a dismissed employee an entitlement to written particulars of the reasons for dismissal, subject to the request requirement. The court considered that entitlement in determining the section 93 complaint. (see paras [91]-[97]) Section 92(2) requires a requested statement to be provided within 14 days. The employer did not provide one in response to the request, but that breach did not itself resolve whether the failure was unreasonable under section 93. (see paras [91]-[97]) Section 92(5) makes a written statement admissible in evidence. The court held that losing that opportunity does not make every failure to provide a requested statement unreasonable. (see para [96])

R v Lord Chancellor

[2017] UKSC 51 · 26 July 2017

The provision was used as an example of a statutory employment claim carrying a modest remedy, demonstrating why fixed tribunal fees could deter rational enforcement (see paras [31]; [96]-[97]).

Bascetta & Anor v Abbey National Plc

[2010] EWCA Civ 62 · 10 February 2010

The judgment addressed the complaint that written reasons for dismissal had not been supplied under section 92. It accepted that the Employment Tribunal had found that reasons had been given, namely redundancy, so the complaint disclosed no arguable error of law. (see paras [2]; [23]–[25])

What each judgment says about section 92 is in the case-law panel in the full Act.

Amendments and notes

12 notes from legislation.gov.uk

Amendments

  1. F621S. 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)
  2. F622Words 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
  3. F623Words 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
  4. F624Words in s. 92(3) substituted (6.4.2012) by The Unfair Dismissal and Statement of Reasons for Dismissal (Variation of Qualifying Period) Order 2012 (S.I. 2012/989), arts. 1, 2 (with art. 4)
  5. F625Words 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)
  6. F626S. 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
  7. F627S. 92(6)(c) substituted (6.4.2005) by Employment Relations Act 2004 (c. 24), ss. 57(1), 59(2)-(4), Sch. 1 para. 28; S.I. 2005/872, arts. 4, 5, Sch. (subject to arts. 6-12)

Modifications

  1. C90S. 92 modified (E.W.) (1.9.1999) by S.I. 1999/2256, art. 3, Sch.
  2. C91S. 92 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. }
  3. C92S. 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.
  4. C93S. 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)
  5. C94S. 92 modified (W.) (12.5.2006) by The Education (Modification of Enactments Relating to Employment) (Wales) Order 2006 (S.I. 2006/1073), arts. 1(1), 4(a)