Unfair Dismissal Solicitor in Ireland

If you have been dismissed from work and believe you were treated unfairly, Orpen Franks LLP can help you understand your rights and decide what to do next.

Our employment law team advises employees on unfair dismissal claims in Ireland, including complaints to the Workplace Relations Commission, unfair redundancy situations, disciplinary dismissals and dismissals during probation.

Being dismissed can affect your income, your confidence and your future plans. It can feel even worse if your employer ignored your side of the story, rushed the process, or used redundancy or performance concerns as an excuse to let you go.

If this has happened to you, you do not have to deal with it on your own. We can give you clear, practical advice about whether you may have a claim, the time limits involved and the next steps available to you.

If you have recently been dismissed, contact Orpen Franks LLP for advice before important WRC time limits expire.

You may be able to bring an unfair dismissal claim if your employer dismissed you without a fair reason or without following a fair process.

In most cases, you must have at least 12 months’ continuous service with your employer and you must usually bring your complaint to the Workplace Relations Commission within six months of your dismissal.

There are exceptions, so it is worth getting advice quickly if you think your dismissal was unfair.

At Orpen Franks LLP, we can review what happened, explain whether you may have a claim, and help you decide whether to bring a WRC unfair dismissal complaint.

An unfair dismissal can happen when your employer ends your employment without a fair reason, or without following a fair process.

Your employer may say you were dismissed because of:

• Misconduct
• Poor performance
• Redundancy
• Absence from work
• Capability issues
• A breakdown in the working relationship
• Business needs

However, just because your employer gives a reason does not always mean the dismissal was fair.

You may have been unfairly dismissed if:

• You were not told clearly what the issue was.
• You were not given a proper chance to respond.
• Your employer had already made up their mind before hearing your side.
• The process felt rushed or one-sided.
• You were dismissed for something that did not justify losing your job.
• Your employer ignored its own disciplinary procedures.
• You were selected for redundancy unfairly.
• You were dismissed after raising a complaint or grievance.
• You were dismissed after standing up for your legal rights at work.

If you are unsure whether your dismissal was unfair, we can look at what happened and explain your options in plain English.

Employees often contact us after being dismissed in situations involving:

• Disciplinary dismissals
• Gross misconduct allegations
• Redundancy dismissals
• Dismissal during or shortly after probation
• Dismissal after sick leave
• Dismissal after maternity leave or family leave
• Dismissal after raising a workplace complaint
• Dismissal after making a grievance
• Dismissal after raising health and safety concerns
• Dismissal after reporting wrongdoing at work
• Dismissal following a disagreement with management

Every situation is different. Sometimes a dismissal that looks lawful at first may not stand up once the full facts and process are reviewed.

If something does not feel right about the way you were dismissed, it is worth getting advice.

In many cases, you usually need at least 12 months’ continuous service with your employer to bring an unfair dismissal claim in Ireland.

However, there are important exceptions.

You may still have a claim with less than 12 months’ service if your dismissal was connected to certain protected rights, such as:

• Pregnancy
• Maternity leave
• Trade union membership
• Making a protected disclosure
• Raising certain employment rights
• Exercising statutory rights at work

You may also have other possible employment law claims depending on what happened.

If you are not sure whether you qualify, Orpen Franks LLP can advise you.

Time limits are very important.

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

In limited cases, this may be extended to 12 months, but only where there is a good reason for the delay. It is always safer to get advice early and avoid missing the deadline.

If you are close to the six-month deadline, you should get legal advice immediately.

The Workplace Relations Commission, often called the WRC, deals with many employment law complaints in Ireland, including unfair dismissal claims.

If you bring a claim, the WRC may arrange a hearing. At the hearing, both sides can explain what happened. Your employer will usually have to explain why they dismissed you and why they say the dismissal was fair.

You may need to provide documents such as:

• Your employment contract
• Your staff handbook or workplace policies
• Emails or letters from your employer
• Disciplinary letters
• Meeting notes
• Redundancy documents
• Payslips
• Records of job applications after dismissal
• Any messages or documents that support your case

We can help you understand what evidence is useful and how to present your case properly.

An unfair dismissal claim can feel daunting, especially if you have never been involved in a legal process before. We can guide you through each stage.

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

• Compensation
• Reinstatement
• Re-engagement

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

For example, 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.

Not every redundancy is fair. Sometimes an employer may call something a redundancy when the real reason for dismissal is different.

You may have concerns if:

• Your job still exists.
• Someone else was hired to do the same work.
• You were the only person selected without a clear reason.
• There was no proper consultation.
• The selection process seemed unfair.
• Your employer did not consider alternatives.
• You were made redundant after raising a complaint.
• The redundancy felt personal.

If you have been made redundant and something does not feel right, we can review the process and explain whether you may have a claim.

Many employees think they have no rights during probation. That is not always true.

Your rights may depend on your contract, your length of service and the reason for dismissal. In some cases, a dismissal during probation may still be challenged, especially if it was connected to a protected right or if your employer acted unlawfully.

If you were dismissed during probation and you feel the decision was unfair, it is worth getting advice.

Your employer should not usually jump straight to dismissal without giving you a fair chance to respond.

A fair process may include:

• Telling you clearly what the issue is
• Giving you enough information about the allegations
• Allowing you time to prepare
• Letting you respond before a decision is made
• Holding a proper investigation where needed
• Considering your explanation
• Considering alternatives to dismissal
• Giving you the right to appeal

If your employer ignored these steps, your dismissal may be open to challenge.

If you have lost your job, it can be difficult to know whether your employer acted fairly or whether you should bring a claim. We can help you make sense of what happened.

At Orpen Franks LLP, we advise employees on unfair dismissal, redundancy, disciplinary dismissals and WRC complaints. We will listen to your side of the story, review the documents, explain your options and help you decide what to do next.

We can help with:

• Reviewing your dismissal letter, contract and workplace policies
• Advising whether you may have an unfair dismissal claim
• Explaining WRC time limits and what they mean for you
• Preparing and submitting a WRC complaint
• Helping you gather evidence and prepare for a hearing
• 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 move forward.

If you think you were unfairly dismissed, it is important to act quickly. You may only have a short time to bring a claim.

At Orpen Franks LLP, we can listen to what happened, explain your rights, and help you decide whether to bring a WRC unfair dismissal claim.

Contact Orpen Franks LLP today for clear, practical advice about unfair dismissal and your rights as an employee.