Brian Morton & Co. Solicitors – The Employment Law Experts

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If you believe you have been dismissed from your job unfairly, are suffering from bullying or harassment in your workplace or are an employer dealing with such issues as redundancies or dismissals, you will need sound legal advice.

Brian Morton & Co. Solicitors offers a suite of Employment Law services, including:

  • Redundancy
  • Unfair Dismissal
  • Equality

You can also view our separate page on workplace accidents.

Redundancy

A redundancy situation must exist within the business before an employer can make a person redundant.  

Common redundancy situations include:

  • A structural change in the  business
  • The business is no longer able to afford its current number of employees
  • Particular work is no longer required

Processes governing redundancy apply to employers. These include:  

Considering Alternative Options before Making an Employee Redundant: Employers and employees must consider alternative arrangements before pursuing redundancy, including both parties considering reasonable options of alternative employment within the business.

Selection Procedures for Redundancy: Employers must apply objective criteria when selecting employees for redundancy.

Notice Requirements: Employees must be given sufficient notice of the likelihood of redundancy.

A genuine redundancy is considered fair termination of an employee’s contract, but the employer must be able to prove that a redundancy situation existed and that those selected for redundancy were chosen using fair selection procedures. If an employer cannot prove these two things, they may be open to a claim for unfair dismissal.

An employee with 104 weeks’ continuous service is entitled to a redundancy lump sum payment. This is calculated as two weeks’ pay for every year of service plus one week’s normal pay.

Unfair Dismissal

There are two circumstances in which unfair dismissal can take place: An employer terminates an employee’s contract without there being fair grounds for the dismissal; an employee terminates their contract with the employer because of the employer’s conduct (constructive dismissal).

In an unfair dismissal case, the employer must show that there were fair grounds for the dismissal.

In a constructive dismissal case, the employee must prove that they left employment because they could no longer tolerate their employer’s behaviour.

Dismissal may be justified if it is based on the employee’s poor performance, poor conduct, or if the employee has been fairly chosen for redundancy.  

Employers are legally obliged to supply employees with written disciplinary procedures that will be observed before dismissal. Procedures should include a series of graduated steps from verbal and written warnings to suspension and eventual dismissal.

A dismissal is automatically unfair if it is based on 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 or any matters connected with pregnancy or birth
  • Exercising one’s rights to maternity leave, adoptive leave, paternity leave, carer’s leave, parental leave or force majeure leave
  • Unfair selection for redundancy
  • Making a protected disclosure under the Protected Disclosures Act 2014

The time limit for beginning a claim for unfair dismissal is six months from the date of the dismissal. If there is reasonable cause you may be allowed to extend this period up to twelve months from the date of dismissal. 

If you have less than twelve months’ continuous service you may bring a claim for unfair dismissal if you are dismissed for:

  • Trade union membership or activity
  • Pregnancy or any matters connected with pregnancy or birth
  • Exercising rights granted by Maternity Protection Acts 1994 and 2004, the Adoptive Leave Acts 1995 and 2005, the Paternity Leave and Benefit Act 2016 the National Minimum Wage Act 2000, the Parental Leave Acts 1998 and 2006 and the Carer’s Leave Act 2001
  • Making a protected disclosure under the Protected Disclosures Act 2014

Dismissal is deemed to be unfair if it is based on any of the following grounds for discrimination:  gender, civil status, family status, age, disability, religious belief, race, sexual orientation or membership of the Traveller community.

Equality

Discrimination is against the law in a wide range of employment and employment-related areas, including recruitment and promotion; equal pay; working conditions; training; dismissal and harassment.

Discrimination is defined as treating someone less favourably because of:

  • Gender
  • Civil status
  • Family status
  • Sexual orientation
  • Religion
  • Age
  • Disability
  • Race
  • Membership of the Traveller Community

Specific situations covered by employment equality legislation include:

Disability: Employers must make reasonable accommodations for disabled staff. This includes enabling people with disabilities to participate in promotion and training.

Pregnancy: Pregnancy-related discrimination is discrimination based on gender and includes recruitment, promotion and general conditions of employment.

Equal pay: Equal pay must be provided for like work.

Victimisation: Employment equality legislation protects anyone bringing a claim against their employer from victimisation.

If you would like to make an enquiry regarding Employment Law in Ireland, please fill out our Enquiry Form or call us on (01) 4934432

Request a Callback

Talk to one of our solicitors about your case.

Brian Morton Logo

We identify ourselves with our clients’ requirements and work with our clients to help them achieve their goals.

  • +353 1 493 44 32

    Your Local Solicitors

  • Please enter a value between 8 and 8.
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Brian Morton & Co. serving the community since 1978.