The right to written reasons for dismissal is often overlooked and can be extremely valuable. The right is contained in section 92 Employment Rights Act 1996 and applies to all forms of dismissal apart from constructive dismissal. There are two important conditions - firstly that the dismissed employee must have asked for written reasons and the employee must have one year's service at the effective date of termination of employment. In pregnancy dismissals not even these conditions apply.
The entitlement is to written reasons within fourteen days of the request. If the employer either fails to provide written reasons or the reasons are inadequate or untrue, the employee is entitled to two weeks gross pay in compensation - and that is actual pay - the limit on a week's pay of £250 does not apply. What's more the reasons given in the written statement are admissible in evidence so it is often possible to drive a wedge between reasons given in response to a request and the employer's evidence in a tribunal thus maximising the opportunity of a finding of unfair dismissal and breach of the written reasons duty. But it is not necessary to win the unfair dismissal claim, or even to bring one, in order to succeed in a claim for breach of the right for written reasons for dismissal.
If an employee is dismissed whilst pregnant or on maternity leave, she is entitled to written reasons without having to request them. It is depressing to see how many women dismissed during this time do not claim this important right and how rarely employers remember to provide written reasons.