Unfair dismissal in Ireland: who is covered, the 6-month WRC time limit, what you can get

What is unfair dismissal in Ireland?

Under the Unfair Dismissals Act 1977, a dismissal is treated as unfair unless there were substantial grounds to justify it UDA 1977, s.6(1). It is for your employer to show those grounds s.6(6).

This guide covers dismissal by your employer. If you resigned because of your employer’s conduct, the rules are different, and you carry the burden of proof: see constructive dismissal in Ireland.

Who is covered?

You usually need 12 months’ continuous service with the employer at the date of dismissal s.2(1)(a). Citizens Information lists cases where 12 months are not needed, for example a dismissal for trade union activity, pregnancy, using your leave rights, making a protected disclosure, or asserting your right to the minimum wage.

The Act does not cover some people s.2, including:

• employees who had reached the normal retiring age for the job, or who were under 16;
• members of the Defence Forces and the Garda Síochána;
• a close relative employed in a private house or on a farm where both live;
• the end of a fixed-term contract, only if the contract is in writing, signed by both sides, and says the Act does not apply to its expiry s.2(2)(b).

Citizens Information also mentions probation or training of up to a year, when a written contract says so.

What are the fair reasons for a dismissal?

A dismissal is not unfair if it results wholly or mainly from s.6(4):

• your capability, competence or qualifications for the work;
• your conduct;
• redundancy;
• a legal bar on you continuing in the job, such as losing a driving licence you need for it.

Your employer can also rely on other substantial grounds. The WRC may look at whether your employer acted reasonably and followed its dismissal procedure and any code of practice s.6(7). Your employer must give you that procedure in writing within 28 days of starting s.14(1).

Some reasons make a dismissal automatically unfair, such as trade union membership, pregnancy, taking protected leave, or making a protected disclosure s.6(2). A redundancy can also be unfair if you were selected for a reason the Act does not allow, or if an agreed selection procedure was ignored without special reasons s.6(3).

Can you ask why you were dismissed?

Yes. If you ask, your employer must give you the main reasons in writing within 14 days s.14(4). Ask in writing and keep a copy. It helps you understand the decision before you decide what to do.

What is the time limit for an unfair dismissal complaint?

You must make your complaint to the WRC within 6 months beginning on the date of dismissal. The adjudication officer can accept it up to 12 months after the dismissal, only if a reasonable cause prevented you from complaining in time s.8(2).

The Act’s “date of dismissal” can fall later than your last day, for example when notice is involved. To be safe, count the 6 months from your actual last day of employment, and do not rely on getting the extension.

Example. Aoife’s last day is Friday 23 October 2026. The 6 months end on Thursday 22 April 2027. Our tools suggest filing by Monday 12 April 2027, at least 10 days before. With a reasonable cause, the latest possible date would be 22 October 2027.

The complaint is made online. See making a WRC complaint online. If either side disagrees with the decision, an appeal to the Labour Court must be made within 42 days Workplace Relations Act 2015, s.44(3).

What can you get for unfair dismissal?

If the complaint succeeds, the adjudication officer can order one of three things s.7(1):

Redress	What it means
Reinstatement	Your old job back, as if you had never been dismissed
Re-engagement	Your old job back, or a suitable one, on terms the officer sets
Compensation	Up to 104 weeks’ pay if you had a financial loss; up to 4 weeks’ pay if you had none

Citizens Information says compensation is the most common outcome. For a dismissal caused by a protected disclosure, the limit is 260 weeks’ pay s.7(1A).

“Pay” here includes allowances in the nature of pay and benefits in addition to pay s.7(3). Compensation is for financial loss: lost earnings so far, estimated future loss, and the value of lost redundancy or pension rights. Citizens Information says there is no compensation for injury to feelings or stress.

What is the average payout for unfair dismissal in Ireland?

There is no official average, and we do not publish one. Each award depends on the facts. The law sets a maximum, not a standard amount.

The officer must award what is “just and equitable”, and looks at s.7(2):

• how far the loss was caused by your employer, and how far by you;
• what you did to reduce your loss, for example by looking for work;
• whether your employer followed fair procedures;
• how far your own conduct contributed to the dismissal.

Citizens Information adds that your new earnings and any pay in lieu of notice are taken into account.

Example (fictional). Aoife earned €850 a week.

Limit	Calculation	Maximum
Financial loss	104 × €850	€88,400.00
No financial loss	4 × €850	€3,400.00

These are ceilings, not likely amounts. If Aoife found a new job at the same pay 10 weeks later, her loss of earnings would be much closer to 10 weeks’ pay than to 104. The decision is the officer’s, on the facts.

WRC decisions are published, generally with the parties’ names, so you can read decisions in cases like yours. They show outcomes, not what you will get.

Is unfair dismissal compensation taxed?

It can be. Revenue treats a payment for a claim under the Unfair Dismissals Acts as a termination payment, not as a tax-free award for breach of employment rights Revenue TDM 07-01-27, para. 5. Termination payments are taxed, but the exemptions apply: see is redundancy pay taxed in Ireland? for the basic exemption, the increased exemption and the SCSB.

Your final pay is still due

Final wages, notice, annual leave not taken and, in some cases, a public holiday are due however your job ends. They are not part of the unfair dismissal claim. They have their own 6-month limit at the WRC Workplace Relations Act 2015, s.41(6).

If your job was made redundant and you have 2 years’ service, statutory redundancy may be due too: see statutory redundancy in Ireland. To check each line of your last payment, see your P45 and final pay.

Your next steps

1. Check, free. Use the final pay check to work out your notice, leave and public holiday pay, and the 6-month date from your last day. It does not assess whether the dismissal was fair.
2. Claim in writing. If wages, notice, leave or a public holiday 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 unfair dismissal claim.
3. The next step. You make a WRC complaint online yourself. 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, a trade union or a solicitor. Writing to your employer does not stop the 6-month time limit.