What counts as unfair dismissal in Ireland
Under the Unfair Dismissals Acts, a dismissal is presumed unfair unless the employer can show substantial grounds for it, such as conduct, capability or genuine redundancy, and that a fair procedure was followed. In most cases you need at least 12 months’ continuous service to bring a claim, although there are exceptions, for example dismissal linked to pregnancy, trade union membership or whistleblowing.
Constructive dismissal
Constructive dismissal is when you resign because your employer’s conduct left you no reasonable alternative. These claims are harder to prove, because you must show you used the internal grievance procedure first in most cases. Speak to a solicitor before you resign if you can.
How a claim works
- We review what happened and your documents
- We submit the complaint to the Workplace Relations Commission
- Mediation, if both sides agree
- Adjudication hearing, where we represent you
What you can get
If the claim succeeds, the adjudication officer can order reinstatement, re-engagement or compensation for financial loss. We will explain what is realistic in your case on the first call.
Frequently asked questions
Is there a time limit?
Yes. Claims usually have to be made within six months of the dismissal. Contact us early.
I was dismissed for gross misconduct. Can I still claim?
Possibly. The employer still has to follow a fair procedure and the decision has to be reasonable.
Should I resign before speaking to a solicitor?
No. Get advice first, especially if you are thinking about constructive dismissal.
