Fair Dismissal Process: Steps for Irish Employers

Table of Contents

Who should read this?

Founders, HR managers, and small business owners in Ireland who need to dismiss employees without facing Workplace Relations Commission claims.

Readers will gain a clear, step-by-step guide to procedural fairness, essential documentation, and pitfalls to avoid costly compensation awards up to two years' pay.

Key Takeaways

Irish law demands both a fair reason and fair process for dismissal; procedural failures alone can result in WRC compensation awards.
Follow five steps: investigation, written hearing invite, right to representation, conduct hearing with decision in writing, and appeal.
Keep comprehensive written records of investigations, letters, notes, and appeals as primary defense.
Employees with 12 months service can claim unfair dismissal; no minimum for certain cases like pregnancy or whistleblowing.
Even summary dismissal for gross misconduct requires full process; skipping risks unfair finding on substance and procedure.

Why Process Matters as Much as Reason

Irish employment law under the Unfair Dismissals Acts 1977–2015 requires two things: a substantively fair reason for dismissal, and a procedurally fair process for carrying it out.

Most founders focus on the first and underestimate the second.

A Workplace Relations Commission (WRC) adjudicator can find that your reason for dismissal was entirely valid and still award compensation if you didn't follow the right steps.

Irish case law consistently holds that an employee is entitled to know the case against them, to respond to it, and to appeal any decision.

In our experience skipping steps, even under time pressure or in obvious cases, is where founders get caught out.

Step 1: Investigation

Before any disciplinary process begins, you need to investigate the facts.

This means gathering evidence, speaking to relevant parties, and forming a view on what actually happened, before you reach any conclusions about the employee.

The investigation should be conducted by someone who will not be the decision-maker at the disciplinary stage. In small companies this is difficult, but the principle matters: the person who investigates should ideally be different from the person who decides.

Keep a written record of everything gathered during the investigation, emails, notes from conversations, witness statements, attendance records, whatever is relevant.

It is important to be aware that an investigation meeting is not a disciplinary hearing. Don't treat it as one, and don't inform the employee that disciplinary action is likely at this stage.

Step 2: Invite to a Disciplinary Hearing in Writing

Once the investigation is complete, the employee must be invited to a formal disciplinary hearing in writing.

That letter needs to include:

A clear statement of the issue or allegation
The date, time, and location of the hearing
Copies of any documents you intend to rely on
A reminder of their right to be accompanied

Give reasonable notice, typically at least 48 to 72 hours, though more is better for serious matters.

Do not ambush employees with same-day hearings. Even if they have clearly done something wrong, springing a hearing on them without notice is one of the most common procedural failures that ends up before the WRC.

Step 3: Right to Representation

Every employee has the right to be accompanied at a disciplinary hearing by a colleague or trade union representative.

This right is set out in the Code of Practice on Grievance and Disciplinary Procedures (S.I. 146 of 2000), which adjudicators treat as the standard against which procedures are measured.

A companion is usually a colleague or trade union representative; external solicitors are rarely permitted. However, they can take notes, provide support, and speak on the employee's behalf.

If an employee asks to postpone the hearing because their chosen representative is unavailable, allow one reasonable postponement. Refusing it is another easy procedural error to avoid.

Step 4: Conduct the Hearing and Make a Decision

At the hearing itself, your job is to present the case, listen to the response, and give the employee a genuine opportunity to reply.

This is not a formality. Courts and adjudicators will look at whether the employee was genuinely heard, not just whether a meeting took place.

Take notes throughout. After the hearing, take time to consider the response before issuing a decision. Don't announce the outcome in the room if possible, adjourn, consider, and communicate the decision in writing.

The written decision should include:

A summary of the findings
The outcome (warning, final warning, dismissal)
The reason for that outcome
The right to appeal, with a deadline and named contact

For dismissal specifically, the letter should clearly state the effective date of termination and confirm notice entitlements or payment in lieu.

Step 5: Appeal

Every disciplinary outcome, including dismissal, must come with a right of appeal.

The appeal should be heard by someone more senior than the original decision-maker, or if that's not possible in a small company, by someone who was not involved in the original process.

Issue the appeal outcome in writing. Even if the appeal upholds the original decision, the employee is entitled to know why.

Skipping the appeal stage, or making it a rubber stamp, is one of the most frequently criticised failures in WRC decisions.

What Documentation Do You Need to Keep?

Good documentation is your main defence if a claim is made. Keep records of:

Investigation notes - who you spoke to, what they said, what evidence you gathered
Invitation letters - sent in writing, with confirmation of receipt where possible
Hearing notes - a full contemporaneous record of what was said by both sides
Decision letters - the outcome and the reasoning, sent in writing
Appeal correspondence - the request, the hearing notes, and the outcome letter
Any warnings previously issued - the full disciplinary history matters

Store these securely. If a WRC claim is lodged, you will need to produce them. Adjudicators will rely heavily on contemporaneous records; lacking these, the employee’s account may carry more weight.

What Happens If You Get the Process Wrong?

An employee with 12 months' continuous service can bring an unfair dismissal claim to the WRC.

If they succeed, compensation can be awarded up to a maximum of two years' remuneration.

The WRC will look at both the reason for dismissal and the procedure followed. A finding of procedural unfairness alone, even where the substantive reason was valid, regularly results in awards.

For certain categories of dismissal, pregnancy, whistleblowing, exercising statutory rights, there is no minimum service requirement, meaning an employee dismissed on their first week can bring a claim. Getting the process right costs time upfront. Getting the process wrong costs significantly more.

A Note on Summary Dismissal

It is important to be aware that summary dismissal, which is dismissal without notice, is reserved for gross misconduct.

Even then, a full investigation and disciplinary process is still required before the decision is made. The only thing that changes is that the employee does not work their notice period.

Treating an incident as gross misconduct to justify skipping procedure is one of the riskiest moves a founder can make. If the WRC finds the conduct didn't meet the threshold, the dismissal is likely to be found unfair on both substance and procedure.

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About the Author:

Connect:

Laura Ryan is a practising Barrister at the Bar of Ireland. She graduated from the Honourable Society of King’s Inns in 2024, having previously qualified and practised as a Chartered Accountant in a big four accounting firm.

Governance

March 2026

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