Unfair Dismissal Solicitor Ireland

Unfair dismissal, constructive dismissal and WRC claims — for employees who have been dismissed or forced out, and for employers defending a claim.

Richard O’Shea, Solicitor & Law Society Accredited Mediator — Mary Molloy Solicitors, established 1981. Dublin & Kilkenny. Clients nationwide.

📞 Call 01 5827148🧭 Find Your Claim Route
45+
Years Experience
Established 1981
2
Office Locations
Dublin & Kilkenny
⚖️
Employees Dismissed or Forced Out & Employers Defending
WRC, Labour Court & Mediation
1000s
Clients Served
Nationwide

Unfair Dismissal Problems We Solve

Most Irish firms cover dismissal in a page or two. We give each situation its own — because the person sacked on the spot, the person forced to resign and the person told to retire are on different routes, with different deadlines.

Unfair Dismissal Claims

The presumption of unfairness, the fair grounds, the fair procedures and the three forms of redress under the Unfair Dismissals Acts 1977-2015.

Constructive Dismissal

Forced to resign? The contract test, the reasonableness test, the grievance-first rule - and why these claims are harder than ordinary dismissal.

Wrongful Dismissal & Notice

Dismissed without notice: the statutory minimum notice periods, pay in lieu, and how notice fixes the date your WRC clock starts.

Probation & Under 12 Months

Dismissed before a year of service? The Acts may not apply - but five other routes might. The exceptions that matter.

Gross Misconduct & Summary Dismissal

Sacked on the spot: what counts as gross misconduct, why an investigation and hearing are still required, and when notice is forfeited.

Disciplinary Hearings & Suspension

Investigations, suspension pending investigation, the right to representation and the S.I. 146/2000 steps - for the employee in the chair.

Sick Leave & Capability

Dismissed while sick or on long-term leave: capability as a fair ground, medical evidence, consultation and reasonable accommodation.

Pregnancy & Family Leave

No service requirement, a parallel equality route and the evidence of timing: dismissal while pregnant or on maternity, paternity or parental leave.

Protected Disclosure Dismissal

Dismissed after blowing the whistle: the shifted burden, the 21-day interim relief window and the 260-week cap.

PIPs, Demotion & Pay Cuts

Performance plans as the road to dismissal, unilateral demotion or pay cuts as repudiation, and the exit offer made mid-process.

Forced Retirement

The Employment (Contractual Retirement Ages) Act 2025, commenced 29 June 2026: the notification window and the right to work to 66.

The WRC Process

Complaint, mediation, submissions, the public hearing and the 42-day Labour Court appeal - what actually happens and when.

For Employers

Defending a claim: substantial grounds, the procedure record, mediation, settlement and the honest cost of a lost hearing.

The Clock Starts on the Date of Dismissal

Unfair dismissal law has one rule that outranks every other: six months. A WRC complaint must be lodged within six months of the date of dismissal, extendable to twelve only where reasonable cause prevented an earlier complaint, and the date of dismissal itself is a legal question — the date notice expired, or the date proper notice would have expired if none was given. A Labour Court appeal has 42 days. Interim relief after a protected disclosure dismissal has 21. Employees who wait for the internal appeal, the reference or the settlement talks to finish often discover the clock did not wait with them. The second rule is the same as in every dispute practice we run: claims are won on documents and lost on delay — the contract, the handbook, the dismissal letter, the grievance trail and the record you build before positions harden.

Mary Molloy Solicitors advise on employment law. Nothing on this page is advice on tax or on social welfare entitlements — take that advice separately. WRC procedure and time limits are strictly applied, and a late complaint is usually a lost complaint. Take advice before resigning, before signing anything, and before any deadline passes.

Start with the Dismissal Claim Route Finder to see which routes typically fit your situation, then check your own dates on the WRC Deadline Calculator.

About 3,270 Unfair Dismissal Complaints Reached the WRC in 2025

Up 43% on 2024, and 17% of every complaint the Workplace Relations Commission received (WRC Annual Report 2025). Dismissal is now the single biggest category of workplace dispute in the State — and the one where the rules on service, notice, procedure and time limits catch most people out. Whether you have just been handed a letter or you are the employer who wrote it, start here.

Unfair Dismissal Claims Hub🧭 Dismissal Claim Route Finder

Unfair Dismissal Solicitors By County

Dismissal claims run on documents, phone, Zoom and email — we act for clients in every county.

DublinCorkGalwayLimerickKilkennyWaterfordMeathKildareWicklowLouth

Unfair Dismissal - Frequently Asked Questions

Under the Unfair Dismissals Acts 1977-2015 a dismissal is deemed unfair unless the employer shows substantial grounds justifying it (section 6(1)). The fair grounds in section 6(4) are capability, competence or qualifications, conduct, redundancy and contravention of statute - and even a fair ground fails if the procedure was unfair. Fair procedures follow the Code of Practice on Grievance and Disciplinary Procedures (S.I. 146/2000). You generally need one year of continuous service, with exceptions for pregnancy, family leave, union activity and protected disclosures.

Dismissed, Forced Out — or Defending a Claim?

One consultation establishes your legal position, the documents that decide it, the realistic routes and the deadlines you are on.

Call 01 5827148