Are You Being Dismissed or Made Redundant? Your Legal Rights & Notice Periods in Ireland (2026)
A key first step is understanding why your employment is ending, as different legal rights apply depending on the circumstances.
Dismissal
Dismissal occurs when an employer ends your employment for reasons such as:
- Alleged misconduct
- Poor performance or capability
- Breach of company policy
- Other workplace issues
Dismissals must be both substantively justified and procedurally fair.
Redundancy
Redundancy is different. It arises when a role genuinely ceases to exist, for example due to:
- Business restructuring
- Financial difficulty
- Technological change
- Closure of a department or workplace
In redundancy situations, the issue is not the employee’s conduct but the employer’s operational needs. Understanding whether you are being dismissed or made redundant is critical because the rights and financial entitlements may differ.
At Mannion Solicitors, we advise employees throughout Dublin and Ireland on termination of employment issues. Our role is to ensure that your employer followed the correct legal process, that you received what you are entitled to, and that your professional future is protected.
Notice Periods in Ireland
Unless you are dismissed for serious gross misconduct, your employer must provide notice of termination. Notice may arise from two sources:
- Your employment contract
- The statutory minimum under Irish law
Under the Minimum Notice and Terms of Employment Acts 1973–2005, the statutory minimum notice periods are:
- 13 weeks to 2 years of service: 1 week
- 2 to 5 years: 2 weeks
- 5 to 10 years: 4 weeks
- 10 to 15 years: 6 weeks
- 15 years or more: 8 weeks
If your contract provides for a longer notice period than the statutory minimum, the contractual provision applies. If your contract provides for less than the statutory minimum, the law overrides it.
For example, if your contract states one month’s notice and you have worked for one year, you are entitled to one month. If your contract states two days’ notice but you have worked for five years, you are entitled to four weeks under statute.
Payment in Lieu of Notice
Many employers now choose to terminate employment immediately and provide Payment in Lieu of Notice, often referred to as PILON.
This means you are paid for your notice period without being required to work it. It is important to ensure that this payment reflects everything you would have received during the notice period, including:
- Basic salary
- Annual leave days
- Allowances
- Pension contributions
- Bonuses or commission, where applicable
A common oversight is assuming that PILON covers only base pay. It should reflect the full contractual value of your notice period.
The Importance of Fair Procedures
Under the Unfair Dismissals Acts 1977–2015, a dismissal can be unfair not because of the reason, but because of the process followed. Even where an employer believes there are valid grounds for termination, fair procedures must be respected.
This includes:
- Being informed clearly in writing of the allegations or concerns
- Being given an opportunity to respond
- Being allowed representation at disciplinary meetings
- Having an impartial decision-maker
- Being offered the right to appeal
The Workplace Relations Commission frequently examines whether internal procedures were followed correctly. A dismissal can fail legally if the process was flawed, even where some wrongdoing occurred.
Written Reasons for Dismissal
Unfair Dismissal in Ireland
To bring a claim under the Unfair Dismissals Acts, you generally need 12 months of continuous service. However, there are important exceptions. Dismissals related to the following may be challenged regardless of service length:
- Pregnancy or maternity leave
- Trade union membership
- Making a protected disclosure, also known as whistleblowing
- Discrimination under equality legislation
The employer bears the burden of proof in unfair dismissal claims. They must show that there were substantial grounds for dismissal and that fair procedures were followed.
Compensation can be up to 104 weeks’ remuneration. In rare cases, reinstatement or re-engagement may be ordered.
Constructive Dismissal
Constructive dismissal occurs where an employee resigns because the employer’s conduct was so unreasonable that continuing employment was no longer viable.
Examples may include persistent bullying, unilateral pay cuts, or fundamental breaches of contract. The burden of proof rests entirely with the employee. It is generally expected that internal grievance procedures have been exhausted before resignation. Constructive dismissal claims can be difficult to prove and should never be approached lightly.
Wrongful Dismissal
Redundancy Rights in Ireland
Where a role is genuinely redundant and the employee has at least 104 weeks of continuous service, statutory redundancy applies.
The statutory calculation is:
- Two weeks’ pay per year of service, plus one additional week.
- For statutory purposes, weekly pay is capped at €600.
Any amount above this cap forms part of an ex gratia or negotiated redundancy payment.
It is important to understand that statutory redundancy is based on past service. Finding new employment does not remove your entitlement to the statutory amount.
Employers must also apply fair and objective criteria in redundancy selection. Failure to do so may result in an unfair dismissal claim.
Final Payments and Documentation
Upon termination, you are entitled to:
- Final salary
- Accrued but untaken annual leave
- Redundancy payment, where applicable
- Pension documentation
- Confirmation of tax deductions
It is important to review your final payslip carefully.
Time Limits for Claims
Claims to the Workplace Relations Commission must be brought within six months of the date of dismissal.
An extension to twelve months is possible only in exceptional circumstances.
Missing this deadline can prevent you from pursuing your claim entirely.
Read More: Employment Rights in Ireland Everyone Should Know About
How Mannion Solicitors Can Assist
When advising on termination of employment, we take a measured and strategic approach. We review your contract, audit the employer’s procedures, assess potential claims, and calculate financial entitlements. In many cases, disputes can be resolved through negotiation. Where necessary, we represent clients before the Workplace Relations Commission. Our aim is to protect your rights while minimising stress and uncertainty.
FAQs About Termination of Employment in Ireland
Can I be dismissed while on probation?
Yes. While unfair dismissal protections generally require twelve months of continuous service, employees on probation are still protected by equality legislation and remain entitled to statutory notice.
It is also important to understand how the date of termination is calculated. If you are placed on garden leave, your employment continues until the final day of that garden leave period. If there is no garden leave, the last day of your notice period will normally be considered the final day of employment. This date is significant because it determines when time limits for potential claims begin to run.
What is the deadline to bring a claim?
You must submit a claim to the Workplace Relations Commission within six months of dismissal. Extensions are rare and require exceptional justification.
What is gross misconduct?
Can I lose my redundancy payment if I find another job immediately?
What is the difference between unfair dismissal and wrongful dismissal?
What if my employer did not follow their own disciplinary policy?
Disclaimer: This article provides general information only and does not constitute legal advice. Every employment situation is different. If your employment has been terminated, you should obtain independent legal advice tailored to your circumstances.
