Constructive Dismissal Solicitor in Ireland

If work has become so difficult that you feel you have no choice but to resign, Orpen Franks LLP can help you understand your rights before you make a decision.

Constructive dismissal can happen where an employee resigns because of their employer’s behaviour, a serious breach of contract, or a breakdown in the employment relationship. These claims can be difficult, so it is important to get advice as early as possible — especially before resigning.

Our employment law team advises employees on constructive dismissal claims in Ireland, including situations involving bullying at work, unfair treatment, pay cuts, demotion, workplace grievances, disciplinary issues and pressure to resign.

If you are looking for a constructive dismissal solicitor in Ireland, we can listen to what has happened, explain your options and help you decide what steps to take next.

If you are thinking about resigning because of how you are being treated at work, speak to Orpen Franks LLP before you leave your job.

Constructive dismissal usually means that you resign because your employer has done something so serious that you feel you cannot reasonably continue working there.

This may involve a serious breach of your contract, a failure to deal with workplace complaints, bullying, harassment, discrimination, a major change to your role or pay, or conduct that damages trust and confidence.

In many cases, you must show that your employer’s behaviour left you with no reasonable option but to resign.

Because resignation is a serious step, it is important to get legal advice before leaving your job, if possible.

At Orpen Franks LLP, we can review what has happened and advise whether you may have grounds for a constructive dismissal claim.

If you are still employed and thinking about resigning, it is important to get advice before you make a final decision.

In a constructive dismissal claim, the timing of your resignation, the reason you give, and the steps you take beforehand can all matter. If you resign too quickly, your employer may argue that you did not give them a chance to fix the problem. If you wait too long, they may argue that you accepted the situation.

The wording of your resignation letter can also be important. If you resign and say you are leaving for “personal reasons” or for a “new opportunity”, this may make a later constructive dismissal claim more difficult.

At Orpen Franks LLP, we can give you confidential advice before you resign, help you understand your options and explain how to protect your position.

Constructive dismissal is different from ordinary dismissal.

In an ordinary dismissal, your employer ends your employment. In a constructive dismissal situation, you resign — but you argue that you were effectively forced to resign because of your employer’s actions or failures.

This can include situations where your employer has:

• Seriously breached your employment contract
• Failed to pay you properly
• Reduced your wages without agreement
• Changed your role or working conditions without proper consultation
• Demoted you unfairly
• Failed to deal with bullying or harassment
• Ignored repeated workplace complaints
• Allowed a hostile or unsafe working environment to continue
• Treated you in a way that destroyed trust and confidence
• Made it impossible for you to continue working

Constructive dismissal claims can be challenging because the employee has resigned. This means you may need strong evidence showing why resignation was a reasonable and necessary response.

You should get advice as early as possible if you feel that your employer’s behaviour is forcing you to consider resignation.

This is especially important if:

• You are being bullied, harassed or isolated at work.
• Your employer has changed your duties, pay or hours without agreement.
• Your grievance has been ignored or badly handled.
• You have been demoted or sidelined.
• You are being put under unreasonable pressure to leave.
• You are being excluded from meetings or work opportunities.
• You are being treated differently after raising a complaint.
• Your employer has made serious allegations against you unfairly.
• You feel your workplace has become intolerable.
• You are worried that resigning may affect your rights.

Getting advice before resigning can help you avoid mistakes that may weaken your claim.

For example, it may be important to raise a grievance first, keep clear records, give your employer a chance to address the issue, or avoid wording your resignation letter in a way that damages your position.

Yes. A constructive dismissal claim usually arises where the employee has resigned.

However, you should not resign without first understanding the risks. If you resign too quickly, without raising concerns or giving your employer an opportunity to deal with the issue, your employer may argue that resignation was not reasonable.

On the other hand, if you wait too long after the employer’s conduct, your employer may argue that you accepted the situation.

This is why timing is very important in constructive dismissal cases.

At Orpen Franks LLP, we can help you consider your options before resignation, including whether to raise a grievance, how to protect your position and how to communicate with your employer.

Employees often contact us for constructive dismissal advice after situations involving:

• Bullying at work
• Harassment or discrimination
• Unfair treatment by a manager
• A serious breakdown in workplace relationships
• A failure to deal with a grievance
• A significant pay cut
• Unreasonable changes to duties or working hours
• Unsafe working conditions
• Demotion without proper process
• Being excluded, isolated or undermined
• Retaliation after raising a complaint
• Pressure to resign
• Being placed on an unfair performance improvement plan
• A disciplinary process that feels unfair or predetermined

Every case depends on the facts. A difficult workplace does not automatically mean there is a constructive dismissal claim, but serious employer conduct may give you legal options.

In many cases, you usually need at least 12 months’ continuous service with your employer to bring a constructive dismissal claim under unfair dismissal legislation.

However, exceptions may apply, particularly where the resignation is connected to certain protected rights.

You may also have other potential claims depending on what happened, such as claims relating to:

• Discrimination
• Harassment
• Penalisation
• Protected disclosures
• Payment of wages
• Breach of contract
• Health and safety concerns

If you are unsure whether you qualify, Orpen Franks LLP can review your situation and explain your options.

Time limits are very important.

In most constructive dismissal cases, you must bring your complaint to the Workplace Relations Commission within six months of the date your employment ended.

In limited cases, this may be extended to 12 months, but only where there is a good reason for the delay.

If you have already resigned, it is important to get legal advice as soon as possible so you do not miss the deadline.

In many constructive dismissal cases, raising a grievance before resigning can be important.

A grievance gives your employer an opportunity to address the issue. If you do not raise your concerns before resigning, your employer may argue that they were not given a chance to fix the problem.

However, there may be situations where raising a grievance is not realistic or where the employer’s conduct is so serious that immediate resignation may be considered.

Before deciding what to do, it is worth getting legal advice.

At Orpen Franks LLP, we can advise you on whether to raise a grievance, how to word it, what evidence to include and how to protect your position.

A constructive dismissal claim is usually brought to the Workplace Relations Commission, often called the WRC.

The process may include the following steps.

If your constructive dismissal claim is successful, possible outcomes may include:

• Compensation
• Reinstatement
• Re-engagement

In many constructive dismissal cases, compensation is the most practical remedy. The amount will usually depend on your financial loss and the steps you took to find new work after leaving.

It may be important to keep records of:

• Jobs you applied for
• Interviews you attended
• Recruitment agency contact
• Social welfare payments
• New employment income
• Any loss of earnings

We can advise you on what records to keep and how compensation may be assessed.

Bullying at work can sometimes lead to a constructive dismissal claim, especially where an employer fails to take reasonable steps to protect an employee or deal with complaints properly.

Examples may include:

• Repeated unfair criticism
• Being undermined or humiliated
• Being isolated or excluded
• Being shouted at or intimidated
• Being given impossible workloads
• Being unfairly blamed for problems
• Being treated differently after raising concerns

Not every difficult workplace situation will amount to constructive dismissal. However, if bullying or harassment has made your job intolerable and your employer has failed to act, you should get advice before deciding whether to resign.

A constructive dismissal claim may also arise where your employer makes serious changes to your employment without your agreement.

This may include:

• Cutting your pay
• Changing your hours significantly
• Moving you to a different role
• Removing important duties
• Demoting you
• Changing your workplace location
• Reducing your seniority or responsibilities

Some workplace changes may be lawful. Others may breach your contract or damage the employment relationship. If your employer has made changes that you did not agree to, we can advise you on your rights.

Constructive dismissal claims can be harder than ordinary unfair dismissal claims because the employee has resigned.

You may need to show that:

• Your employer acted seriously wrongly.
• The conduct was serious enough to justify resignation.
• You did not accept or delay too long after the conduct.
• You acted reasonably before resigning.
• You had evidence to support your position.

This does not mean you should avoid bringing a claim where you have been treated badly. It simply means you should get advice early and prepare carefully.

If you feel you are being forced out of your job, it can be hard to know what to do next. Resigning may feel like the only option, but it is important to understand your position before taking that step.

At Orpen Franks LLP, we advise employees on constructive dismissal, workplace grievances, bullying at work, disciplinary issues, WRC complaints and employment disputes.

We can help with:

• Advising whether you may have a constructive dismissal claim
• Reviewing your contract, policies and workplace documents
• Advising on whether to raise a grievance
• Helping you prepare a grievance letter
• Reviewing or advising on resignation letters
• Explaining WRC time limits and next steps
• Preparing and submitting WRC complaints
• Helping you gather evidence
• Advising on settlement discussions
• Representing you at the WRC
• Advising you if the matter proceeds through the Courts

Our advice is clear, practical and focused on helping you protect your position and move forward.

If you are thinking about resigning because of how you are being treated at work, try to get advice before you leave.

At Orpen Franks LLP, we can listen to what has happened, explain your rights and help you decide whether you may have a constructive dismissal claim.

Contact Orpen Franks LLP today for clear, practical constructive dismissal advice and support with your rights as an employee.