Unfair & Constructive Dismissal

When you find yourself out of a job, it can be a very scary and confusing time. If you believe you were unfairly dismissed or forced to resign due to unfair treatment by your employer, your first step needs to be finding out whether the way you have been treated was unfair and, therefore, whether you have grounds for legal action.

Our Employment Team can talk through the circumstances leading up to your employment being terminated with you and then provide clear guidance on whether we believe you may have grounds for a claim of unfair dismissal or constructive dismissal.

We can then explain your legal options, including the possibility or negotiating a settlement with your former employer or pursuing a claim to the Workplace Relations Commission (WRC).

Should we feel that you have a case and you want to proceed with seeking redress from your former employer, we can support you through every stage of proceedings.

We can contact your former employer on your behalf and notify them of the reasons why you believe your dismissal was unlawful and the action you wish them to take to put things right. Alternatively, we can advise you on what to say when contacting your employer yourself if you would prefer this approach.

Whatever happens next, whether you employer is willing to reach a settlement or you have to take things to the Workplace Relations Commission, we will advise and guide you with clarity and sensitivity every step of the way.

It is possible your employer will offer you a settlement agreement to resolve your claim without further action. In such cases, our Employment Team can review the agreement for you and provide advice on whether we believe it represents a fair deal for your interests.

Where we believe a better settlement can be achieved, or your employer wants to enter negotiations without offering an agreement first, we can support and represent you during settlement negotiations.

Where it is necessary to make a claim to the Workplace Relations Commission ("WRC"), we can guide you through the whole process of preparing and submitting your claim, responding to any submissions made by your employer and meeting any requirements set by the WRC.

We can represent you during any hearing that takes place or advise you on representing yourself where required, making sure your case is presented clearly and effectively with all of the necessary evidence to support your claim.

If you find yourself facing disciplinary proceedings at work, we can advise you on your rights as well as what to say and what evidence you need to support your position. Where you believe the proceedings are unfair, we can provide effective guidance on what you should do and to what extent you need to engage with the proceedings to maintain a strong legal position.

If you are unhappy with the outcome of workplace disciplinary proceedings, we can advise you on your rights, including whether it is sensible to resign or whether you have grounds to take the matter to the Workplace Relations Commission ("WRC").

The Unfair Dismissals Acts 1977–2015 state that Unfair Dismissal is deemed to have occurred if your employer dismisses you without substantial reason justifying the dismissal. In addition, you may have been unfairly dismissed if on the basis of:

• Trade union membership

• Religious or political opinions

• Civil or criminal proceedings against the employer by the employee.

• Race, colour, sexual orientation, age, or membership of the Traveller community

• Pregnancy

• Maternity leave, adoptive leave, paternity leave, carer’s leave, parental leave or force majeure leave

• Unfair selection for redundancy

• Whistleblowing

If you have terminated your employment as a result of the unfair and unreasonable conduct of your employer, it may be open to you to seek redress against your employer on the basis of constructive dismissal.

The Code of Practice on Grievance and Disciplinary Procedures prescribes best practice for the handling of grievance and disciplinary proceedings by employers. The Code is designed to ensure that any procedures are fair and rational, the basis for any disciplinary proceedings are made clear to the employee concerned, as well as any possible penalties and the internal appeal procedure.

Having been advised you may face a disciplinary process, your employer should follow a step by step process, that may ultimately result in:

• An oral warning

• A written warning

• A final written warning

• Suspension without pay

• Transfer to another task, or section of the enterprise

• Demotion

• Some other appropriate disciplinary action short of dismissal

• Dismissal

It is essential that your employer allows you the opportunity to respond fully to any complaint and affords you a ‘fair and impartial determination of the issues concerned’.

If you have any concerns that you are being treated unfairly at any stage of the process, it is important to seek the guidance and advice of an Employment Solicitor who specialises in disciplinary matters. Doing so will allow you to understand your legal rights, ensuring that any decisions you make are made with the full facts to hand.