Written reasons for dismissal in the UK when a score or flag was behind it

When a dismissal follows a productivity score, an attendance flag or a ranking produced by software, the person dismissed often does not know what the employer actually relied on. Section 92 of the Employment Rights Act 1996 gives employees in Great Britain a right to a written statement of the reasons for their dismissal, and section 93 lets a tribunal act if the employer fails to give one or gives one that is inadequate or untrue.

The short answer: an employee who is dismissed, with or without notice, or whose limited-term contract ends without renewal, can ask for a written statement of the reasons, and it must be provided within 14 days of the request (s92(1) and (2)). A qualifying period of continuous employment applies, two years under the text currently in force, with exceptions for pregnancy, maternity and adoption leave (s92(3) to (4A)). If the employer unreasonably fails to provide one, or the reasons are inadequate or untrue, a tribunal must award two weeks' pay (s93).

When the right applies

An employee is entitled to a written statement giving particulars of the reasons for dismissal if the employer gives notice, if the employer ends the contract without notice, or if the employee is on a limited-term contract that ends by virtue of the limiting event without being renewed under the same contract (s92(1)). The statement is admissible in evidence in any proceedings (s92(5)).

• Request: the employee must ask for it, and the statement must be provided within fourteen days of the request (s92(2)). The section does not require the request to be in writing, but a written, dated request is easier to prove.
• Qualifying period: the employee must have been continuously employed for not less than two years ending with the effective date of termination (s92(3)). For how service is counted, see continuous employment.
• No request and no qualifying period: an employee dismissed while pregnant, or after childbirth where her maternity leave period ends because of the dismissal, is entitled to the statement automatically, and so is an employee dismissed during adoption leave where that leave ends because of the dismissal (s92(4) and (4A)).

The change from 1 January 2027

The Employment Rights Act 2025 substitutes "six months" for "two years" in section 92(3) (2025 Act, Schedule 3, para 1(2)). That paragraph comes into force on 1 January 2027, and the transitional provisions apply it where an employee is dismissed before that date but the effective date of termination falls on or after it (SI 2026/559, regs 3(b) and 4(1)). The same change applies to the qualifying period for unfair dismissal; see unfair dismissal when AI data is behind the decision.

The effective date of termination

For this section, the effective date of termination is the date the notice expires, or the date termination takes effect if there is no notice or a limited-term contract ends (s92(6)). Where the employer ends the contract and the statutory minimum notice, if given on the date notice was given or the contract ended, would expire later, that later date is used (s92(7) and (8)). This can bring an employee over the qualifying period even when the employer gave short or no notice.

Complaints to a tribunal

An employee can complain to an employment tribunal that the employer unreasonably failed to provide a written statement, or that the particulars given are inadequate or untrue (s93(1)). If the complaint is well-founded, the tribunal may declare what it finds the employer's reasons were, and must award the employee two weeks' pay (s93(2)). The complaint has the same time limit as an unfair dismissal complaint about the same dismissal (s93(3)). For this award a week's pay is not capped, and the calculation date is the date notice was given or, without notice, the effective date of termination (s226(2)); see how a week's pay is calculated.

Why it matters with automated decisions

A statement that says only "performance" or "conduct" may not show whether a score, ranking or flag was the real reason, or how much weight it carried. Because the particulars must not be inadequate or untrue, an employer whose decision rested on system output should say so plainly. A statement that later turns out to hide the real reason can support a complaint under section 93 and the statement is admissible in evidence in any proceedings.

Practical steps

• Employers: keep a record of the reasons for each dismissal at the time it is made, including which scores, flags or reports were relied on and who reviewed them. When a request arrives, answer within 14 days with particulars, not a one-word label. Diary the automatic statements due on dismissal during pregnancy, maternity or adoption leave.
• Employees: ask in writing for a written statement of the reasons for your dismissal, date the request and keep a copy. If the reply is late, vague or does not match what you were told, note the dates. You can also ask for your personal data, including what a system recorded about you; see how to request the data AI systems hold on you.

These provisions extend to England, Wales and Scotland. This page is general information on the law in Great Britain as at 1 November 2026, not legal advice.