The Unfair Dismissals Act 1977-2015 protects workers from being unfairly dismissed by their employer. Here’s a simplified breakdown of the key points:

1. What is an Unfair Dismissal?

• A dismissal is unfair if the employer does not have a good reason for letting the employee go or if they fail to follow the proper procedure.
• Employees cannot be dismissed without a fair reason, such as:
  • Poor job performance
  • Misconduct (e.g., breaking company rules)
  • Redundancy (job no longer exists)
  • Legal reasons (e.g., employee cannot legally do the job anymore)
• The dismissal may also be considered unfair if the employee is fired for reasons like:
  • Pregnancy or taking maternity leave
  • Being a member of a trade union
  • Race, gender, age, or other discriminatory factors
  • Taking legal action against the employer

2. Fair Procedures

• Before dismissing an employee, employers must follow fair procedures, which include:
  • Giving the employee a chance to improve if their performance is an issue.
  • Providing a warning before dismissal (except in serious misconduct cases).
  • Giving the employee an opportunity to explain or defend themselves.

3. Who is Covered by the Act?

• Most employees are protected, but there are a few exceptions:
  • Employees must have worked for the employer for at least 12 months (unless the dismissal is for reasons like pregnancy or whistleblowing).
  • It does not apply to certain people, like members of the Defence Forces or Gardaí.

4. What Can Employees Do if They Are Unfairly Dismissed?

• If an employee believes they were unfairly dismissed, they can bring a claim to the Workplace Relations Commission.
• If the claim is successful, the employee can be awarded:
  • Reinstatement: Getting their job back with no loss of pay.
  • Re-engagement: Getting a similar job within the company.
  • Compensation: Payment for financial loss caused by the dismissal (up to two years’ pay).

5. Constructive Dismissal

• If an employee resigns because their employer made the working conditions unbearable, this is called constructive dismissal. It’s treated like an unfair dismissal, and the employee can take a case to the Workplace Relations Commission.

6. Exceptions to the Act

• Dismissals may be fair if the employee:
  • Was still on probation (as long as the probation period was no longer than 12 months).
  • Was dismissed for gross misconduct without the need for notice.

This law ensures that employees are treated fairly and have protections against unjust dismissal.