CURRENT LEGAL ARTICLES

  

At Green & Associates Solicitors, we represent employees across all sectors who are facing challenges in the workplace — whether through unfair treatment, dismissal, discrimination, or contract disputes. We act for clients in internal procedures, grievance hearings, and formal legal forums such as the Workplace Relations Commission (WRC). We understand that employment is more than a source of income; it is your reputation, your security, and your future.

Whether you are dealing with a disciplinary process, a contract termination, or a discriminatory workplace environment, our team will help you navigate each step with clarity and confidence.

Our solicitors provide clear, strategic guidance tailored to your individual needs. We work closely with you to assess all available options, weigh the risks and benefits, and pursue a course of action that prioritises both legal and practical outcomes. Whether through negotiation, mediation, or formal litigation, we are committed to protecting your rights and advancing your interests.

With a proven track record in high-value and complex employment law cases, our team ensures that every client — from senior executives to frontline staff — receives thorough, confidential, and responsive legal support.

The legal framework governing employment in Ireland has grown increasingly complex. Frequent legislative reforms, heightened employee protections, and stricter regulatory requirements have significantly increased employer obligations.

For businesses, staying compliant can be challenging — particularly in areas such as:

● Drafting or updating contracts of employment
 ● Implementing lawful workplace policies and grievance procedures
 ● Responding to disciplinary issues or internal complaints
 ● Complying with WRC inspections or investigations

Without a clear legal strategy, employers risk costly disputes, reputational damage, or regulatory penalties. Staying informed is critical to ensuring your internal processes are aligned with current law.

A detailed overview of these obligations is available in this guide to rights, obligations, and legal updates in Irish employment law.

A fair and balanced workplace is essential for long-term organisational success. Employment law in Ireland aims to:

● Protect employees from unfair treatment, harassment, and discrimination
 ● Empower employers to manage business operations within lawful limits
 ● Reduce conflict and improve cooperation between staff and management
 ● Promote equity, stability, and job satisfaction across the workforce
 ● Prevent the exploitation of vulnerable or marginalised employees

When this balance is maintained, it fosters a productive work environment built on mutual trust and legal clarity.

Employment law applies in a wide range of everyday workplace situations — but understanding your rights and obligations is not always straightforward. Whether you are:

● Responding to a grievance or disciplinary procedure
 ● Planning a restructure or negotiating an exit package
 ● Addressing underperformance or workplace conflict
 ● Implementing redundancies or contract changes

Accurate legal advice allows you to assess risk, make informed decisions, and remain fully compliant with your statutory obligations.

Timely, well-informed guidance ensures that any decision — whether by an employer or employee — is proportionate, enforceable, and legally sound.

  

Employers are often required to make complex decisions that carry serious legal and reputational risks. Whether responding to disciplinary allegations, defending a WRC claim, managing redundancies, or restructuring departments, clear legal guidance is essential at every stage.

Effective support must be prompt, legally precise, and handled with discretion. Employment law requires careful management of:

● Contracts and service agreements
 ● Internal investigations and grievance handling
 ● Disciplinary and termination procedures
 ● Ongoing compliance with employment legislation

Confidentiality is critical, particularly in high-stakes disputes. Strategic legal advice reduces exposure, minimises reputational damage, and safeguards long-term business interests. Where appropriate, mediation and other alternative dispute resolution methods provide a cost-effective way to resolve conflicts discreetly — often without the need for formal litigation.

Further insight into dispute resolution options, including mediation and arbitration, is available in this detailed guide on ADR in Ireland.

Employers often face complex and sensitive workplace issues that require swift, strategic legal support. From contract drafting to managing contentious exits or defending claims, each step must be handled in accordance with Irish employment law.

We provide tailored advice across all areas of employment practice — helping employers address immediate concerns while also building long-term legal resilience. Our services include:

● Drafting and reviewing employment contracts and policies
 ● Conducting workplace investigations and grievance procedures
 ● Advising on disciplinary actions and terminations
 ● Implementing compliance audits and HR risk reviews
 ● Defending claims before the Workplace Relations Commission (WRC) or in the courts

When disputes arise, we act decisively to protect business interests. Whether through litigation or structured settlement processes, our goal is to resolve matters efficiently, with minimal disruption and maximum protection.

Employment disputes can arise suddenly and escalate quickly if not managed with expert legal advice. Whether you are an employer or an employee, clarity and early guidance are essential to protecting your position and resolving the matter efficiently.

We provide comprehensive legal support in cases involving:

● Unfair or constructive dismissal claims
 ● Redundancy advice and entitlements
 ● Workplace disputes between employers and employees
 ● Unfair or unclear contract terms
 ● Zero-hour or variable-hours contracts
 ● Bullying, harassment, and equality-related complaints
 ● Restrictive covenants and post-employment obligations

Each issue must be handled with care, legal precision, and a clear understanding of your rights and obligations under Irish employment law.
An overview of how recent legislative changes may impact these issues is provided in this 2025 employment law update.

  

Beyond day-to-day employment law advice, we offer strategic legal guidance designed to support employers at a higher level. Our solicitors assist businesses in managing current legal risks while strengthening their long-term approach to workplace regulation and dispute resolution.

This includes:

● Sector-specific employment law advice tailored to your organisation
 ● Proactive risk assessments across HR, operations, and governance
 ● Strategic planning for high-stakes litigation or internal investigations
 ● Representation in complex cases before the WRC or High Court
 ● Mediation and arbitration for cost-effective, cross-border dispute resolution

We focus on prevention just as much as protection — ensuring that employers are legally prepared, commercially confident, and fully equipped to respond to changing legal demands.

If you are experiencing an employment-related legal issue, early advice can make all the difference. We regularly support both employees and employers with matters involving:

● Unfair or constructive dismissal
 ● Redundancy and severance disputes
 ● Contractual disagreements or unfair terms
 ● Workplace conflicts between staff or management
 ● Zero-hour or variable-hours arrangements
 ● Bullying, harassment, or discrimination claims
 ● Restrictive covenants and post-employment limitations

Every case is unique, but prompt, strategic legal advice ensures your rights are protected and the path forward is clearly defined.

Workplace Relations Commission and High Court

We represent both employers and employees in employment law proceedings before the Workplace Relations Commission (WRC) and the High Court. These cases frequently involve:

● Unfair or constructive dismissal
 ● Redundancy and pension-related disputes
 ● Disciplinary actions and internal procedural challenges

Proceedings before the WRC often involve strict time limits, and early advice is essential to preserve your legal position.

Each case is approached with strategic care. While early settlement may be appropriate in some situations, our team is fully prepared to take assertive legal action where required. The chosen approach always depends on your specific instructions and the facts of the case.

In many instances, compensation has been secured for employees who remained in their roles post-resolution, reflecting a pragmatic and outcome-driven approach to employment disputes. We balance commercial and personal considerations carefully to pursue solutions that are both legally sound and practically beneficial.

  

We advise employees at all levels on a wide range of employment-related matters, from contract review to complex disputes. Our legal services include:

● Drafting and reviewing employment contracts
 ● Redundancy advice and severance negotiation
 ● Claims for unfair dismissal or constructive dismissal
 ● Whistleblower protections and reporting procedures
 ● Equality claims and workplace discrimination matters
 ● Settlement agreements and negotiated exits
 ● Legal support for team moves and post-employment risk
 ● Advice on business immigration and work permissions
 ● Restrictive covenant enforcement and disputes

All matters are handled with discretion and tailored to the specific circumstances of your employment.

International companies operating in Ireland must navigate unfamiliar employment regulations, cultural expectations, and compliance duties when managing staff locally. We provide foreign employers with strategic, jurisdiction-sensitive advice to ensure local compliance while aligning with broader corporate objectives.

Our legal services for foreign-based companies include:

● Drafting and reviewing locally compliant employment contracts
 ● Advising on HR practices that meet Irish regulatory standards
 ● Managing disciplinary procedures and employee exits
 ● Guidance on Irish redundancy law and employee entitlements
 ● Industry-specific legal advice tailored to multinational operations
 ● Representing employers in employment disputes and risk mitigation
 ● Alternative dispute resolution in cross-border employment conflicts

We assist clients in resolving disputes without unnecessary litigation, favouring confidential and cost-effective alternatives such as mediation and arbitration where appropriate.

  

What is unfair dismissal?

Unfair dismissal occurs when an employee’s contract of employment is terminated by their employer without a valid reason or without following fair procedures. It also includes constructive dismissal, where an employee resigns due to serious conduct or breaches by the employer.

Dismissal may be considered unfair if:

● Your employer ends your employment contract with or without notice, without lawful justification
 ● You resign because of your employer’s actions or failure to act (constructive dismissal)

Under Irish employment law, certain dismissals are automatically considered unfair. These include dismissals based on:

● Trade union membership or participation in union activities
 ● Religious or political beliefs
 ● Participation in legal proceedings against your employer
 ● Race, colour, sexual orientation, age, or membership of the Traveller community
 ● Pregnancy, childbirth, or breastfeeding — including attendance at antenatal appointments
 ● Exercising statutory leave rights (maternity, paternity, parental, adoptive, carer’s, or force majeure leave)
 ● Unfair selection during redundancy
 ● Making a protected disclosure under the Protected Disclosures Act 2014

Each case is assessed on its own facts, but protections against unfair dismissal are central to Irish employment law.
For guidance on how to bring a claim, including key timelines and available remedies, refer to our detailed guide to claims of unfair dismissal in Ireland.

What does not count as ‘unfair’ dismissal?

A dismissal will not be considered unfair if it is based on lawful, substantive grounds and carried out using fair procedures. Under Irish employment law, the following reasons may justify dismissal:

● A lack of capability, competence, or appropriate qualifications for the role
 ● Misconduct or ongoing disciplinary issues
 ● Legal restrictions that prevent you from performing your job (e.g. loss of a required licence)
 ● A genuine redundancy situation, properly handled under redundancy legislation

Even in these cases, the dismissal must be carried out fairly and in line with statutory procedures. Employers are still required to act reasonably and document their decisions.

Can I bring a claim for unfair dismissal?

You may bring a claim for unfair dismissal before the Workplace Relations Commission (WRC) under the Unfair Dismissals Acts 1977–2015, if you meet certain legal requirements.

  

To qualify:

● You must lodge your complaint within six months from the effective date of dismissal (this may be extended to 12 months in limited circumstances)
 ● You must usually have 12 months of continuous service with your employer at the time of dismissal

There are statutory exceptions to the 12-month service requirement. Dismissals involving protected disclosures, maternity or parental leave, or trade union activity may still qualify under specific legal grounds.

Who cannot bring a claim for unfair dismissal?

The following categories are expressly excluded under Irish employment legislation and cannot ordinarily bring a claim under the Unfair Dismissals Acts 1977–2015:

● Employees under 16 or beyond the normal retirement age
 ● Close relatives working in a family home or farm where both reside
 ● Members of An Garda Síochána or the Defence Forces
 ● Full-time trainees, statutory apprentices, and certain public officers
 ● Probationary employees or those undergoing initial training (where this is set out in writing)
 ● Workers under fixed-term or specified-purpose contracts that lawfully exclude claims
 ● Individuals employed outside the State, unless specific residence or employer conditions apply

However, exclusions may not apply if the dismissal is connected to:
 ● Discriminatory grounds (e.g. gender, age, disability)
 ● Protected disclosures
 ● Exercising statutory leave rights such as maternity, adoptive, or parental leave

How to bring a claim for unfair dismissal

If you meet the eligibility requirements under the Unfair Dismissals Acts, you may initiate a complaint to the Workplace Relations Commission (WRC). The process involves the following steps:

● If your employer accepts that you were dismissed, they must demonstrate that the dismissal was based on substantial and fair grounds
 ● In cases of constructive dismissal, the burden of proof rests with the employee
 ● You may request a written statement of dismissal reasons from your employer — they are legally obliged to provide this within 14 days of your request
 ● After receiving the statement (or if none is provided), you may proceed to file your claim using the WRC’s online complaint form

  

Claims must be submitted within the statutory time limit (normally six months from the dismissal date)

A dismissal is presumed to be unfair unless the employer can justify it. Fair procedures must be followed in every case — failure to do so may result in liability even if a valid reason for dismissal exists.

How to claim unfair dismissal

To formally initiate a claim for unfair dismissal, you must submit a complaint to the Workplace Relations Commission (WRC). This must be done within the statutory timeframe and using the correct procedure.

The process involves:

● Submitting your complaint using the WRC’s official online complaint form, available at www.workplacerelations.ie
 ● Filing your complaint within six months from the official date of dismissal (typically the final day of your notice period)
 ● In exceptional cases, the time limit may be extended to 12 months, but only where you can show a valid reason for the delay
 ● You are not legally required to wait for your employer’s written explanation before filing; however, requesting this may assist in clarifying the grounds for dismissal

At this stage, the employer will be expected to demonstrate that the dismissal was based on fair grounds and that proper procedures were followed.

Once submitted, your case may proceed to adjudication before a WRC officer, where both sides will have an opportunity to present evidence.

What happens next?

Once your unfair dismissal complaint is accepted, the Workplace Relations Commission (WRC) will appoint an adjudication officer to hear your case.

● A formal hearing will be arranged, during which both parties can present evidence
 ● The adjudicator has the authority to summon witnesses and compel the production of documents
 ● The adjudicator is an independent decision-maker who considers both parties’ evidence and issues a legally binding outcome based on the facts of the case
 ● If the adjudicator concludes that the dismissal was unfair, they will decide on the appropriate remedy

If you disagree with the outcome, you may appeal the decision to the Labour Court.

If Your Claim Is Successful

Where a finding of unfair dismissal is made, the WRC (or the Labour Court on appeal) may order one of the following remedies:

Reinstatement

This means you are treated as though the dismissal never occurred. You are entitled to:

● Return to your role on the same terms and conditions
 ● Back pay from the date of dismissal to the hearing date
 ● Any benefits or changes in terms (e.g. pay rises, leave accrual) that occurred during that time

Re-engagement

Re-engagement involves returning to work from a specified date — usually from the date of the WRC’s decision.

● You are reinstated without entitlement to back pay
 ● This remedy is used where the dismissal was unfair but the employee contributed to the situation in some way

Compensation

Compensation is the most common remedy in unfair dismissal cases. It provides a financial award based on economic loss, not emotional impact.

● Up to two years’ gross pay in most cases
 ● Up to five years’ gross pay if the dismissal arose from a protected disclosure

Compensation does not include any payment for emotional distress or damage to reputation. It is based solely on proven financial loss.

The WRC considers the following when calculating compensation:

● Current loss of earnings – Income lost from dismissal to hearing (adjusted for any new employment or payments received)
 ● Future loss of earnings – Time likely needed to secure comparable work
 ● Pension loss – Reduced contributions or entitlements due to the dismissal
 ● Loss of statutory protections – Rights under redundancy or notice legislation
 ● Contributory conduct – If your actions partly caused the dismissal, your award may be reduced accordingly

Fixed-Term and Specified-Purpose Contracts

Dismissal at the end of a fixed-term or specified-purpose contract can amount to unfair dismissal unless your employer meets strict legal requirements:

● The contract must be in writing and clearly define the fixed duration or specific purpose
 ● It must be signed by both employer and employee
 ● It must contain an explicit clause excluding the right to bring a claim under the Unfair Dismissals Acts based solely on expiry

If any of these conditions are missing, you may still qualify to bring a claim — provided you meet the general eligibility rules.

The WRC may disregard contract clauses that attempt to exclude unfair dismissal protections if they were included to intentionally bypass statutory entitlements.

Successive Fixed-Term Contracts

Employers cannot use consecutive short-term contracts to avoid legal responsibilities.

● You cannot remain on fixed-term contracts for more than four continuous years
 ● If re-employed within three months, your service may be treated as continuous
 ● You may then be considered a permanent employee, entitled to full statutory protection
 ● The WRC will assess whether the use of repeated contracts was justified or aimed at avoiding dismissal legislation

More Information

The relevant law is set out in the Unfair Dismissals Acts 1977–2015. These Acts do not prevent employers from dismissing staff, but they require that the dismissal be lawful, reasonable, and procedurally fair.

Related Documents

● Rights of Fixed-Term Workers
 Employees on fixed-term contracts generally have the same legal protections as permanent employees, including equal treatment in pay, working conditions, and statutory entitlements under Irish law.

● Contract of Employment
 All employees must receive a written statement of core terms of employment within five days of starting work, and a full contract within one month, as required by Irish employment legislation.

● Victimisation at Work
 Employees are protected from victimisation or penalisation for exercising their legal rights, including raising complaints, supporting a colleague’s case, or making a protected disclosure under whistleblowing legislation.

Disclaimer

The information provided on this page is for general informational purposes only and does not constitute legal or professional advice.

While Green & Associates Solicitors strives to ensure all content is accurate, Irish employment law is complex and subject to frequent change through legislation and decisions of the Workplace Relations Commission (WRC) and the Courts. The content on this page should not be relied upon as a substitute for obtaining tailored legal advice from a qualified solicitor who has been fully informed of the specific facts of your situation.

For specific advice on any employment law matter, including contracts of employment, workplace disputes, redundancy, or disciplinary procedures, please contact our office directly to arrange a consultation.

No solicitor-client relationship is created or implied by your use of this website or by any communication arising from it. A formal relationship is only established upon the execution of a written letter of engagement from our firm.

In contentious business, a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement (Section 149 of the Legal Services Regulation Act 2015).