Unfair dismissal in Ireland

An employer’s contractual entitlement to terminate employment does not, by itself, establish that a dismissal is fair. The Unfair Dismissals Act 1977, as amended, requires examination of both the grounds for dismissal and the procedure adopted.

Section 6(1) provides that a dismissal is unfair unless substantial grounds justify it. Where the Act applies and dismissal is established, section 6(6) generally places the burden of justification on the employer.

Grounds and procedural fairness

Section 6(4) recognises potentially fair grounds, including capability, competence, qualifications, conduct and redundancy. Section 6(3) also addresses unfair selection for redundancy.

Under section 6(7), the reasonableness of the employer’s conduct and compliance with dismissal procedures and applicable codes of practice may be considered.

The Code of Practice on Grievance and Disciplinary Procedures (S.I. No. 146 of 2000) emphasises clear allegations, an opportunity to respond, appropriate representation, impartial decision-making and an internal appeal. An allegation of gross misconduct does not dispense with fair procedures.

Eligibility and statutory time limits

Section 2(1)(a) generally excludes employees with less than one year’s continuous service. Important exceptions arise, including certain dismissals connected with pregnancy, protected leave, trade union activity or making a protected disclosure.

Under section 8(2), an unfair dismissal complaint generally must reach the Workplace Relations Commission within six months of dismissal. An extension up to 12 months may be granted where reasonable cause prevented an on-time complaint. Internal appeals and settlement negotiations should not be assumed to suspend the deadline.

Remedies and financial loss

Section 7 provides for reinstatement, re-engagement or compensation. Under section 7(1)(c), compensation ordinarily addresses financial loss attributable to dismissal, subject to a ceiling of 104 weeks of remuneration. Where no financial loss arises, compensation, if awarded, is capped at four weeks.

Section 7(1A) provides a higher compensation ceiling of 260 weeks for dismissals resulting wholly or mainly from a protected disclosure. Section 7(2)(c) requires consideration of the employee’s efforts to mitigate financial loss, making evidence of job applications and subsequent earnings important.

Advice and consultations

If you require advice concerning dismissal, redundancy or a disciplinary process, please contact me to discuss arranging a consultation on your legal position and available options.

David Danagher BL
David.danagher@lawlibrary.ie
+353 83 396 2899

Instructions in contentious employment matters are accepted through a solicitor. General information on Irish law as at 16 October 2026.