Employment Rights Act 1996 s.93 – Complaints to employment tribunal

(1)A complaint may be presented to an [^F628employment tribunal^F628] 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 [^F628employment tribunal^F628] 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 [^F628employment tribunal^F628] 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.

Definitions used in section 93 4

employment

(5) In this Act “employment”—

(a)in relation to an employee, means (except for the purposes of section 171) employment under a contract of employment, and

(b)in relation to a worker, means employment under his contract;

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

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

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

week

“week”—

(a)

in Chapter I of this Part means a week ending with Saturday, and

(b)

otherwise, except in sections 27C, 75F, 75H, 80A, 80B , 80EA , 80EF , 80J and 86 and paragraph 11 of Schedule A1 , means, in relation to an employee whose remuneration is calculated weekly by a week ending with a day other than Saturday, a week ending with that other day and, in relation to any other employee, a week ending with Saturday.

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

Cases considering section 93 3

F Ntakibirora Mahoro v The Northern Care Alliance

[2025] EAT 85 · 12 June 2025Interprets

Section 93(1) sanctions an employer that unreasonably failed to provide a section 92 statement. The court held that the test is objective and does not make every oversight unreasonable, particularly where the employee has already been informed of the dismissal reasons. (see paras [93]-[97]) Applying section 93(1)(a), the court upheld the finding that the respondent’s failure to answer the request was not unreasonable. The dismissal letter and later correspondence had already given the claimant the reasons for dismissal. (see paras [95]-[97])

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]).

Roberts v Aldi Stores Ltd

[2012] UKEAT 0224_11_2803 · 28 March 2012

The respondent conceded, and the Tribunal recorded, that the claimant was entitled to an award of two weeks’ pay under this provision. (see para [10])

What each judgment says about section 93 is in the case-law panel in the full Act.

Amendments and notes

5 notes from legislation.gov.uk

Amendments

F628Words 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

C95Ss. 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))
C96S. 93 modified (E.W.) (1.9.1999) by S.I. 1999/2256, art. 3, Sch.
C97S. 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.
C98S. 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. }