Constructive dismissal in Ireland: what it means, who can claim, time limits

What is constructive dismissal?

Normally, a dismissal is your employer ending your job. The Unfair Dismissals Act also treats some resignations as a dismissal. This is what people call constructive dismissal.

It covers the case where you end your contract, with or without notice, because of your employer’s conduct, in circumstances where Unfair Dismissals Act 1977, s.1, “dismissal” (b):

• you were entitled to end the contract without notice; or
• it was reasonable for you to end it without notice.

Citizens Information describes it as your employer’s action or inaction making the situation at work so intolerable that you feel you have no choice but to resign.

What kind of conduct can count?

Citizens Information gives examples of conduct that may justify resigning:

• a serious breach of your contract, such as not paying you or demoting you for no reason;
• forcing unreasonable changes on you without your agreement, such as a new shift pattern;
• allowing bullying or harassment to go unchecked, including by colleagues;
• making you work in dangerous conditions;
• making false accusations against you, such as fraud or misconduct.

It can also cover an employer that shows it no longer intends to be bound by an essential term of your contract. Whether the conduct was serious enough is decided case by case, on the facts.

How is it different from unfair dismissal?

Constructive dismissal is claimed under the same Act, with the same time limits. The main difference is who has to prove what.

	Unfair dismissal	Constructive dismissal
Who ends the job	Your employer	You, by resigning
Who must prove it	Your employer must show fair grounds	You must prove your resignation was justified
Service usually needed	12 months	12 months
Time limit	6 months, up to 12 with a reasonable cause	Same

Because you carry the burden, these claims are hard to prove. Citizens Information recommends detailed advice before you decide. For a dismissal by your employer, see unfair dismissal in Ireland.

Who can make a claim?

You usually need 12 months’ continuous service with your employer s.2(1)(a). Citizens Information lists cases where 12 months are not needed, when the dismissal is for:

• trade union membership or activity;
• pregnancy, giving birth, breastfeeding or related matters;
• using your rights to maternity, adoptive, paternity, parental, carer’s, parent’s or force majeure leave, or to the national minimum wage;
• making a protected disclosure.

A dismissal linked to one of the nine discrimination grounds can be raised as a discriminatory dismissal instead, under different rules.

Should you raise a grievance first?

Generally, yes. Citizens Information says to resign only as a last resort, and to use your employer’s grievance procedure before you resign. The national Code of Practice on grievance procedures describes a concern going first to your supervisor, then to more senior management if it is not resolved S.I. No. 146/2000.

In practice:

• raise the issue in writing, as early as you can;
• follow each stage of the procedure, including any appeal;
• keep a dated record of events and copies of documents;
• consider help from a trade union, or mediation.

Should you resign with or without notice?

The Act covers a resignation with or without notice. This guide cannot tell you which suits your situation. Get advice before you send anything.

Our free resignation letter is made for an ordinary resignation. If you tell the tool you are leaving because of your employer’s conduct, it does not prepare the letter. See resignation letter for Ireland.

Also know that leaving a job can affect Jobseeker’s Benefit. Citizens Information says you may be disqualified for 9 weeks if you left work voluntarily and without a reasonable cause. For the payments after a job loss, see social welfare after redundancy in Ireland.

What is the time limit?

A complaint must be made to the WRC within 6 months beginning on the date of dismissal. The WRC can allow up to 12 months if a reasonable cause prevented you from complaining in time s.8(2).

The Act has its own definition of the “date of dismissal”, and it can be later than your last day. To be safe, count the 6 months from your actual last day of employment.

Example. If your last day is 23 October 2026, the 6 months end on 22 April 2027. Our tools suggest filing by 12 April 2027, a working day at least 10 days before. The Act provides no pause while a grievance is under way, so plan for this date from the start.

What can the WRC award?

If a claim succeeds, an adjudication officer can order s.7(1):

• reinstatement in your old job;
• re-engagement, in the same or a suitable job;
• compensation for financial loss, up to 104 weeks’ pay;
• if there is no financial loss, up to 4 weeks’ pay.

Compensation is assessed on the facts. The officer looks at things such as what you did to reduce your loss, for example by looking for work, and whether procedures were followed s.7(2). Nothing is guaranteed.

The complaint is made online, by you or by someone who represents you, such as a trade union or a solicitor. See making a WRC complaint online.

Your final pay is still due

However your job ends, your final wages, annual leave not taken and, in some cases, a public holiday are due. These are separate from any constructive dismissal claim, and they have their own 6-month limit for a WRC complaint Workplace Relations Act 2015, s.41(6).

See your P45 and final pay: what you should get and annual leave and holiday pay when you leave a job.

Your next steps

1. Check, free. Use the final pay check to work out your leave and public holiday pay and the 6-month date from your last day. It does not assess the dismissal.
2. Claim in writing. If leave, a public holiday or wages are missing from your final pay, you can prepare a final pay claim letter to your employer yourself (€9, or €19 with a dated follow-up letter and reminders). It does not cover the constructive dismissal claim.
3. The next step. A WRC complaint is made online. A free preparation sheet, available from the check’s results without any purchase, lists the sections of the online form.

Free help is available from Citizens Information, the WRC’s information service (059 917 8990), a trade union or a solicitor. Given how hard these claims are to prove, take advice before you resign.