Understanding Dismissal and Notice Periods in Ireland: An HR Perspective

Irish employment law establishes clear frameworks for termination procedures that employers must follow. Under the Unfair Dismissals Act, employers must provide written notice of dismissal procedures within 28 days of employment commencement. This foundational requirement ensures transparency from the outset of the employment relationship.

Essential Fair Procedures for Termination

When considering dismissal, employers must adhere to fundamental fair procedures. These include providing appropriate warnings, ensuring employees fully understand allegations against them, granting opportunities for employees to present their perspectives, and allowing representation during disciplinary processes. Even during probation periods, employers cannot bypass these legal requirements.

Valid Grounds for Fair Dismissal

Irish law recognizes several legitimate reasons for dismissal. Employers must demonstrate that termination resulted from: capability issues including attendance problems; qualifications discrepancies; conduct matters ranging from minor to gross misconduct; genuine redundancy situations; or legal compliance requirements. Each category requires documented evidence and proper procedure.

Summary Dismissal Without Notice

In specific circumstances, employers may terminate employment without notice. These include cases of gross misconduct such as assault, theft, serious policy violations, or when contractual agreements explicitly waive notice requirements. However, even in summary dismissals, proper investigation and documentation remain crucial.

Constructive Dismissal Considerations

When workplace conditions become intolerable due to employer actions or inactions, employees may claim constructive dismissal. Valid scenarios include serious contract breaches, unreasonable changes to employment terms, tolerance of workplace harassment, unsafe working conditions, or false allegations against employees.

Statutory Notice Period Requirements

Service Length	Minimum Notice
Under 13 weeks	No statutory requirement
13 weeks - 2 years	1 week
2-5 years	2 weeks
5-10 years	4 weeks
10-15 years	6 weeks
15+ years	8 weeks

Termination Compensation Framework

Employees may be entitled to various payments upon termination, including statutory redundancy payments (after 104 weeks continuous service), payment in lieu of notice, compensation for constructive dismissal, or payments for unused annual leave. Maximum compensation for unfair dismissal typically reaches two years' salary, extending to five years for protected disclosures.

Automatically Unfair Dismissal Categories

Certain dismissals are automatically considered unfair under Irish law. These include termination due to trade union membership, religious/political opinions, legal proceedings participation, discrimination grounds, pregnancy-related matters, exercise of statutory leave rights, unfair redundancy selection, or whistleblowing activities.

Practical Termination Process

The termination process typically involves written notification, consultation opportunities, and clear communication of reasons. Unionized workplaces require additional notifications to employee representatives. Employers must provide written statements of dismissal reasons within 14 days of request.

Unemployment Support Systems

Ireland offers Jobseeker's Benefit (contributory) and Jobseeker's Allowance (means-tested) programs. Eligibility depends on PRSI contributions, employment history, and personal circumstances. SailGlobal's HR experts can guide employers through supporting transitioning employees while maintaining compliance.

Best Practices for International Employers

Companies like SailGlobal recommend developing comprehensive termination checklists that include documentation reviews, procedural compliance audits, and consultation timelines. Regular training for managers on fair procedures helps prevent costly disputes and maintains positive employer branding in the Irish market.

Ireland Employment Termination Guide: Dismissal Procedures & Notice Periods