What is constructive dismissal in Ireland?

Constructive dismissal happens when an employee resigns because of the employer’s conduct, such as a breach of contract or unreasonable treatment that makes continuing in the job untenable. Claims are made under the Unfair Dismissals Acts 1977–2007.

How is constructive dismissal different from unfair dismissal?

In constructive dismissal, the employee carries the burden of proving that the employer’s conduct forced the resignation. In unfair dismissal, the dismissal is presumed unfair unless the employer can show substantial justification and fair process.

Who must prove the case and what service is needed to claim?

For constructive dismissal, the onus is on the employee to prove the resignation was caused by the employer’s conduct. Generally, an employee needs 52 weeks’ continuous service to bring a claim; however, this service threshold does not apply in certain situations (for example, dismissal connected to pregnancy, trade union membership, or exercising parental leave rights).

What are fair grounds for dismissal and what procedures should be followed?

A dismissal is only fair if the employer can demonstrate substantial grounds and follow fair procedures. Employers should apply the principles of natural justice and due process—inform the employee of the allegations, allow a response, permit representation, ensure an impartial determination, and provide a right of appeal. Employers should issue appropriate warnings, exhaust the disciplinary process, clarify allegations from the outset, and allow reasonable time to improve before deciding on termination.

What outcomes or compensation are available in constructive dismissal cases?

Possible remedies include reinstatement (restoring the role with back pay), re-engagement (returning to work from a specified date), and compensation, which is the most common and is based on the employee’s financial loss resulting from the dismissal. Reinstatement and re-engagement are described as rarely used.

What employer actions or omissions can lead to constructive dismissal claims?

Unreasonable employer behaviour or a breach of the employment contract can trigger claims. Employers should also be aware that allowing inappropriate behaviour by other employees to go unchecked may contribute to constructive dismissal risk.

What practical steps reduce the risk of constructive or unfair dismissal claims?

Apply the organisation’s disciplinary procedures consistently; communicate allegations clearly; document and issue warnings as appropriate; allow time and support to improve; and ensure an impartial process with representation and appeal rights. These steps align with natural justice and fair procedures.

Any uncertainties or gaps

The provided pages outline core definitions, service rules, burden of proof, procedural standards, and remedies but do not specify compensation caps or detailed case thresholds; readers should refer to current Irish legislation and WRC decisions for precise figures and evolving guidance.