A dismissal is considered to be automatically unfair if the employee is dismissed for 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, giving birth or breastfeeding or any matters connected with pregnancy or birth
Availing of rights under legislation to maternity leave, adoptive leave, carer’s leave, parental or force majeure leave
Unfair selection for redundancy
In Unfair Dismissal cases, substantial grounds must exist to justify the dismissal. Furthermore, fair procedures must be followed in effecting the dismissal. An employee must have one year’s continuous service with the employer in order to be able to bring a case for Unfair Dismissal. One year’s continuous service is not required where employees can show that they were dismissed because of trade union membership or activity, pregnancy, breastfeeding or related matters, or because they exercised their statutory rights to maternity leave, adoptive leave or parental care.
If you leave without being dismissed, you may have a claim for unfair dismissal. This is known as constructive dismissal and it arises where an employee believes they had no alternative but to leave because the conditions in work are being made too difficult for them to continue working.
We have vast experience in representing clients at the Employment Appeals Tribunal and in securing successful determinations for them together with awards of compensation for their unfair dismissal.
Recent cases include:
Gary Fitzpatrick –v- First Express Ltd t/a Nightline
Jimmy Boiron –v- Bentley’s Hotel and Browne’s Restaurant