Unfair Dismissal

A dismissal is considered to be automatically unfair if the employee is dismissed for any of the following reasons:

-Membership or proposed membership of a trade union or engaging in trade union activities, whether within permitted times during work or outside of working hours
-Religious or political opinions
-Legal proceedings against an employer where an employee is a party or a witness
-Race, colour, sexual orientation, age or membership of the Traveller community
-Pregnancy, giving birth or breastfeeding or any matters connected with pregnancy or birth
-Availing of rights under legislation to maternity leave, adoptive leave, carer's leave, parental or force majeure leave
-Unfair selection for redundancy

Under the unfair dismissals legislation, redundancy is considered to be a fair ground for dismissal. However although a redundancy situation exists, you may have grounds for complaint if the manner of your selection for redundancy was unfair. You may qualify to bring a claim for unfair dismissal if you consider that you were unfairly selected for redundancy or consider that a genuine redundancy situation did not exist – see ‘How to apply’ below. Unless your employer can prove there was a genuine redundancy situation and that fair procedures were followed, your dismissal may be found to be unfair. If you make a claim for unfair dismissal, you cannot also claim redundancy.