Always Consult A Solicitor For Legal Advice

Unfair Dismissal Claim

The unfair dismissal legislation in Ireland does not protect you from being dismissed from your job; it provides a system of appeal where you can file an unfair dismissal claim and question the fairness of your dismissal after it has occurred. There are qualifications in place which you first have to meet to make an unfair dismissal claim against an employer, and thereafter it is down to your employer to justify why he terminated your employment.

The qualifications that you must meet to file an unfair dismissal claim are generalised below. For further depth of information and clarity of some of the conditions, please do not hesitate to contact us.

  • There is a time limit in place. In order to file an unfair dismissal claim, it must be made within six months of the termination of your employment.
  • A length of service rule applies. In most cases, you must have been employed for a minimum period of twelve months.
  • There are conditions in respect of your employment status. An unfair dismissal claim can only be made if you were physically employed. Contractors and agency workers may not qualify.
  • There are exclusions to the Unfair Dismissals Act. These usually apply to members of the services, those on apprenticeships or ongoing training.

Generally, if your employment has been terminated due to religious or political opinions, membership of a trade union, race, colour, sexual orientation, age, pregnancy or unfair selection for redundancy, you are entitled to make an unfair dismissal claim.

Making an Unfair Dismissal Claim

Claims for unfair dismissal are made to a Rights Commissioner, who has the power to authorise re-instatement, re-engagement or compensation for your unfair dismissal claim. If neither you nor your employer agrees with the decision, the unfair dismissal claim goes to the Employment Appeals Tribunal, with both parties thereafter having the right of appeal to the Circuit Court. Because of the complex process for getting an unfair dismissal claim processed within the six month period, it is better if you use the services of an experienced employment rights solicitor.

An experienced employment rights solicitor can help in many ways. More than just guiding you through the process of application, a solicitor would be able to ensure that the most suitable form of redress is attained for you – re-instatement, re-engagement or compensation. If, as is most common, this is compensation, the solicitor will ensure that your unfair dismissal claim covers present, future and pensionable earnings as well as a consideration for “loss of statutory protection”. Unlike personal injury claims, an unfair dismissal claim only compensates you for financial loss – you cannot claim for stress caused by your unfair dismissal.

Because of the many rules and regulations, qualifications and exclusions attached to an unfair dismissals claim, we have set up a free advice telephone service to provide helpful advice if you have been unfairly dismissed from your job. Our free service will enable you to discuss your case with an experienced employment rights solicitor and determine how strong your unfair dismissal claim is. This service is completely confidential and you are under no obligation to proceed with an unfair dismissal claim once you have spoken with us.

Call us now on Unfair Dismissal Claim or if you cannot speak now please fill in the form on the left and we will call you back.

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What You Can Expect When You Call

When you call our free advice telephone service, we understand that you will be angry with your ex-employer about the circumstances under which your job was terminated. However, it is easier for us to provide clear and helpful advice if you are composed and we normally like to begin our conversation finding out a little about you, what you did for a living and what impact your unfair dismissal has had on you.

We then like to hear from you about your employers stated reasons for terminating your employment (by law, he has to give you a written explanation within 14 days of your request for one), go through the qualifications to ensure you are entitled to make an unfair dismissal claim and calculate the amount of compensation you may be entitled to receive.

In some instances, you may have left your job due to the conduct of your employer. This is called constructive dismissal and you would still be entitled to make an unfair dismissal claim. Where you may have contributed to the conduct of the employer, this is known as “contributory conduct” and an assessment will be made in respect of the degree you contributed, with the amount of compensation adjusted accordingly.

Your first step should be to give our free advice service a call. Our lines are open between 8.00am and 10.00pm seven days a week, and we also operate a call-back service. So, if it is an unsuitable time to speak with us now, please leave your contact details in the call-back box below, and one of our friendly and helpful team will get back to you when it is more convenient for you.

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