Unfair dismissal in Ireland: your rights and the six-month deadline

In Ireland, a dismissal is deemed unfair unless the employer can show substantial grounds justifying it (section 6(1) of the Unfair Dismissals Act 1977). The burden of proof sits with the employer, and you have six months from the date of dismissal to complain to the Workplace Relations Commission (section 8(2) of the Act, as amended).

This article contains general information, not legal advice. What applies to your situation depends on your own circumstances.

Who is protected

The Act generally requires one year's continuous service with the employer (section 2(1)(a) of the Unfair Dismissals Act 1977). The one-year requirement falls away in important cases, including dismissal connected with pregnancy, birth or breastfeeding, maternity or adoptive leave, parental or force majeure leave, trade union membership or activities, rights under minimum wage legislation, and the making of a protected disclosure (Workplace Relations Commission; sections 6(2) and 6(2A) to 6(2D) of the Act, as amended).

Automatically unfair reasons

Some grounds make a dismissal automatically unfair, among them trade union membership or activities, religious or political opinions, having made a protected disclosure, pregnancy and related matters, age, race, colour or sexual orientation, membership of the Traveller community, and the exercise of family leave rights (section 6(2) of the Act, as amended; in plain language, Citizens Information). Unfair selection for redundancy can also ground a claim (section 6(3) of the Act).

The deadline: six months, twelve at most

A claim must reach the Workplace Relations Commission within six months beginning on the date of dismissal; an adjudication officer can extend this to a maximum of twelve months where reasonable cause prevented an earlier complaint (section 8(2) of the Act, as amended; confirmed by the Workplace Relations Commission). The date of dismissal is the date your notice expires, not the day you were told (Citizens Information).

What you can get

The remedies are reinstatement in your job, re-engagement in a suitable alternative, or compensation for financial loss of up to 104 weeks' remuneration; where no financial loss was suffered, compensation is capped at four weeks' pay (section 7 of the Act, as amended in 1993; Workplace Relations Commission). Compensation covers financial loss only, not hurt feelings or stress, and can be reduced for your own contribution or failure to mitigate; where the dismissal was for making a protected disclosure, the ceiling rises to five years' pay (Citizens Information).

How Linxei can help

A lawyer can assess your position, work out what you can claim and act within the time limits. Linxei is the platform where you describe your legal problem in your own words and verified independent lawyers send you fixed-fee offers. You choose. Jenni AI, our artificial intelligence, helps only to structure your request; it does not give legal advice, and a human lawyer always stays at the centre.