Unfair Dismissal Solicitors Dublin

Expert legal representation for employees facing unfair dismissal. Beyond the financial shock, there is often a deep sense of injustice. We are here to ensure that if your employer has acted unfairly, they are held accountable.

Over 35 years fighting for workers' rights since 1989.

Fight For Your Rights

Time is critical. You have 6 months from the date of dismissal to bring a claim. Do not delay.

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35+ Years Experience
Dedicated employee advocates since 1989
6 Month Deadline
Act now before time runs out

Understanding Unfair Dismissal

Under the Unfair Dismissals Acts 1977-2015, every dismissal is presumed to be unfair unless your employer can prove otherwise.In most cases the burden of proof lies with them, not you.

The "Reasonable Employer" Test

  • WRC asks: was this within the "band of reasonable responses"?
  • Would a reasonable employer have done the same?
  • Harsh or irrational decisions = likely unfair

Who Can Claim?

  • You must be an employee (not self-employed)
  • Minimum 12 months continuous service
  • You were dismissed or forced to resign

Who Cannot Claim?

  • Less than 12 months' service (unless exception)
  • Gardaí and Defence Forces members
  • Certain FÁS/civil service trainees
  • Self-employed contractors

Exceptions to the 12-Month Service Rule

You do not need 12 months of service if your dismissal was "automatically unfair." These dismissals are treated more seriously by the law and carry enhanced protections.

Pregnancy & Family Leave

Dismissal due to pregnancy, giving birth, breastfeeding, or availing of rights under maternity, adoptive, parental, or carer's leave is automatically unfair regardless of service length.

Trade Union Activity

Dismissal due to trade union membership or activity is automatically unfair. Your right to organise and participate in union activities is protected by law.

Whistleblowing

If you were dismissed for making a protected disclosure (reporting wrongdoing), this is automatically unfair with no service requirement. Compensation can reach up to 5 years' pay and is based on your financial loss

Think You've Been Unfairly Dismissed?

Every dismissal is presumed unfair until the employer proves otherwise. Even if you have less than 12 months' service, you may still have a claim. Get expert legal advice today.

Reasons Your Dismissal May Be Unfair

Even if your employer has a valid reason to let you go, they must follow fair procedures. Here are the most common grounds for successful unfair dismissal claims.

1. Procedural Unfairness

This is the most common reason for successful claims. Your dismissal may be unfair if:

  • You were not told of the specific allegations against you
  • You were not given the opportunity to respond or defend yourself
  • There was no proper investigation
  • The decision-maker was biased
  • You were not offered the right to appeal

2. Performance Dismissals

An employer cannot simply fire you for "poor performance" without a process. They must:

  • Make you aware of the performance gap
  • Provide a Performance Improvement Plan (PIP)
  • Give you time, training, and support to improve
  • Issue a series of warnings before dismissal

3. Dismissal During Sick Leave

Dismissing an employee due to illness is complex. Employers must:

  • Rely on up-to-date medical evidence
  • Consider "reasonable accommodations"
  • Explore options to help you return to work
  • Not dismiss immediately upon exhausting sick pay

4. Whistleblowing Claims

If you were dismissed for reporting wrongdoing at work:

  • This is automatically unfair
  • No service requirement applies
  • Compensation caps are significantly higher
  • Up to 5 years' pay may be awarded

5. Constructive Dismissal

This occurs when you are forced to resign because your employer's conduct was so unreasonable. Examples include:

  • Non-payment of wages
  • Ignoring serious bullying or harassment
  • Unilateral changes to your contract
  • Note: The burden of proof shifts to you in these cases

6. Discriminatory Dismissal

Dismissal based on any of the nine protected grounds is unlawful:

  • Gender, civil status, family status
  • Age, disability, sexual orientation
  • Race, religion, membership of Traveller community
  • You may also have an equality claim

How to Bring an Unfair Dismissal Claim

Understanding the process is essential. Missing deadlines or failing to follow proper procedures can cost you your case.

⚠️

The 6-Month Time Limit is Strict

You must file your complaint with the WRC within 6 months of the date of dismissal. It can only be extended to 12 months for "reasonable cause" (e.g., severe incapacitating illness). Ignorance of the law is not a valid excuse. If you miss this deadline, you lose your right to claim forever.

1

Exhaust Internal Appeals

If your company has an internal appeal process, you should use it before proceeding to the WRC. This shows you acted reasonably and exhausted all available options.

2

File WRC Complaint

We submit the complaint form online to the Workplace Relations Commission on your behalf. This must be done within 6 months of your dismissal date.

3

Preparation & Submission

We gather witness statements, prepare legal submissions, and compile evidence of your financial loss. This preparation is crucial to building a strong case.

Comprehensive legal submissions are drafted and filed to ensure your case is presented effectively from the outset.

4

WRC Hearing

An Adjudication Officer hears the case. The employer must prove the dismissal was fair. You (and witnesses) may be cross-examined. We represent you throughout.

5

Decision

The Adjudication Officer's decision is usually issued in writing several months after the hearing. It will set out the findings and any remedy awarded.

6

Appeal (If Necessary)

Either party can appeal the decision to the Labour Court within 42 days. We can advise you on whether an appeal is likely to be successful.

Remedies & Compensation

The WRC can order one of three remedies if your claim is successful. Understanding what you could receive helps you make informed decisions.

Reinstatement (Rare)

  • You get your job back as if you never left
  • Includes back pay for time lost
  • Rarely ordered as relationship usually broken down
  • Must be practical for both parties

Re-engagement (Very Rare)

  • You get your job back (or similar role)
  • From a specific date forward
  • Perhaps without full back pay
  • Less common than compensation

Compensation (Most Common)

  • Awarded in over 95% of successful cases
  • Maximum: up to 2 years' gross pay
  • Average: typically 6 months to 1 year
  • Based on actual financial loss - obligation to mitigate loss

Important Information About Compensation

Financial Loss Only: In Ireland, you are compensated for financial loss, not for injury to feelings or stress. If you get a new job immediately at the same salary, compensation may be minimal.

Tax Treatment: Compensation is taxable.

Whistleblowing Cases: If your dismissal was for making a protected disclosure, compensation can be up to 5 years' pay.

Your Duty to Mitigate Loss

This is a crucial concept. Even if you were unfairly dismissed, you have a legal duty to mitigate your loss. If you do not prove you looked for work or even secured new employment, your compensation can be reduced significantly.

Actively Seek Work

You must actively look for a new job immediately after dismissal. Register with recruitment agencies and Intreo. You cannot sit back and wait for the WRC hearing. You should be in new employment long before the WRC hearing.

Keep Detailed Records

Apply for jobs regularly and keep copies of every application. Maintain a detailed diary or spreadsheet of your job search efforts to present at the hearing.

Be Reasonable

Do not unreasonably refuse job offers. Finding new work helps your case—you can still claim for the period you were unemployed and any salary difference.

The Clock Is Already Ticking

Don't risk missing the 6-month deadline or failing to collect the evidence needed to win your case. Expert legal representation can make the difference between winning substantial compensation and walking away with nothing.

Why Choose Ferrys Solicitors LLP?

When your livelihood is on the line, experience matters. Here's why Dublin workers trust us to fight for their rights.

Dedicated Employee Advocates

We are dedicated to protecting workers. We understand the tactics employers use and how to counter them. Your fight is our fight.

35+ Years Track Record

Since 1989, we have successfully represented thousands of employees in the WRC and Labour Court. Our experience means we know exactly how to build winning cases.

Honest Assessments

We won't sell you a dream. We provide a realistic assessment of your chances and the likely value of your claim, so you can make informed decisions.

Complex Case Expertise

We handle high-stakes cases involving whistleblowing, discrimination, and senior executive dismissals. No case is too complex for our experienced team.

OUR EXPERTS

Solicitors Specialising in Employment Law

Frequently Asked Questions

Clear, direct answers to the questions we hear most often from clients facing unfair dismissal.

You strictly have 6 months from the date of your dismissal to file a claim with the WRC. Do not wait—this deadline is rarely extended.

The maximum compensation is 2 years' gross remuneration. However, awards are based on actual financial loss, and the average is typically between 6 months and 1 year of pay.

Generally, employees with at least 12 months of continuous service. Exceptions apply for dismissal due to pregnancy, union activity, or whistleblowing—no service requirement applies in these cases.

No, there is no filing fee to submit a claim to the WRC. However, you are responsible for your own legal fees.

Yes, under "Constructive Dismissal"—provided you can prove your employer's conduct forced you to leave. This is difficult to prove, and you should seek legal advice immediately.

This is good! It shows you "mitigated your loss." You can still claim for the financial loss during the period you were unemployed and for any difference in salary if the new job pays less.

No. In the WRC, each party pays their own legal costs, regardless of who wins.

Unless you have a "reasonable cause" (like a serious medical incapacity preventing you from filing), your claim will likely be statute-barred, meaning you cannot proceed. This is why immediate action is essential.

What Our Clients Say

Real stories from real clients - see our verified reviews below.

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Jade profile picture
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I can’t thank the Ferrys team enough! Having no idea how to get started with my claim, they had talked me through every aspect and what to expect. I was never rushed or pressured during my time with them. Ferrys made me feel valued and understood in my position, making me feel secure in every decision made and never judged. I truly appreciate the time, effort and detail Ferrys made to ensure I received the compensation I deserved. I couldn’t recommend them enough!
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I can't recommend Ferrys enough. I dealt with Padraic and his team and they were nothing short of incredible. Professional, polite, competent, caring and clear in their instructions, everything was easy to navigate with their help. Thank you to Patricia on reception, Padraic, Lauren, Eimear and everyone else that I liaised with.
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Ciarán Mac Choinnigh profile picture
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Highly recommend Ferry’s to anyone - Padraic, Lauren, Aishling were brilliant, professional, and kept me always updated throughout the process of my case. The care my case received was of highest levels of professionalism, and as the client I was treated with such respect, dignity and always was listened to. Would highly recommend to anyone to consider Ferry’s.
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Julia 3316 Dublin profile picture
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I can’t thank Mr Padraic Ferry and his team enough for the outstanding service I received during my personal injury case. From the very first consultation, they showed genuine care, professionalism and dedication to my situation, making what could have been a stressful process feel manageable and in safe hands. I would highly recommend Ferry’s Solicitors to anyone in need of legal help. A truly first-class solicitor who goes above and beyond.
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Noel Carrick profile picture
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I have used the services of Ferrys Solicitors Artane on numerous occasions for both mortgages and personal injury services and have found them to be very professional and very courteous on all occasions, I have and I do highly recommend them.
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Edo Omusi profile picture
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I am thoroughly impressed with Ferrys solicitors and the dedication they show towards both their mission and their clients. From the moment I engaged with their team, it was clear that they prioritize professionalism, efficiency, and a genuine commitment to excellence. Every staff member I interacted with was knowledgeable, approachable, and went above and beyond to address my needs and questions. It’s rare to find an organization that combines expertise with such a high level of personal care and transparency. Their commitment to continuous improvement and adapting to client feedback is evident and speaks volumes about their values. I wholeheartedly recommend Ferrys Solicitors to anyone seeking a reliable and outstanding organization in their field. They truly set the standard for excellence, and it has been a pleasure working with them. From Edo omusi
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Stephen McHale profile picture
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Padraic and Patricia were absolutely fantastic to deal with, I always felt I could call with a question and they would be happy to talk, and I was kept up to date and in the loop throughout the entire process. Highly recommend.
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Michael S profile picture
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My experience dealing with Ferry’s Solicitors was second to none. Absolute great service. I was in an accident through no fault of my own. They supported me all the way through. They are such a friendly and professional service. I would have no problem recommending them to family and friends. Thanks for all your hard work guys. 5 Star service
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Alan James Ryan profile picture
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Excellent service would highly recommend to anyone how has had an accident with no fault of there own all staff are very friendly and supporting and I received a better outcome than I thought thanks again

Dismissed Unfairly? Fight Back.

Expert legal representation can make the difference between winning substantial compensation and walking away with nothing. Bring your employment contract, dismissal letter, records of disciplinary meetings, and a timeline of events. We will review everything and fight for the outcome you deserve.

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