Ireland WRC Unfair Dismissal Pre-Filing Letter (UDA 1977 + WRA 2015)
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Your Situation
Tell us about the dismissal — the date, how long you worked there, and what reason the employer has given (if any). This drives the statutory pathway your letter takes.
This letter will cite
Unfair Dismissals Acts 1977-2015 ss.6, 7, 8, 14(4) + Workplace Relations Act 2015 ss.41(6), 41(8), 43, 44(3)
Your letter will frame the dismissal under Section 6 of the Unfair Dismissals Acts 1977-2015 (the fairness test, on which the burden falls on the employer), invoke Section 6(2) where the ground is automatically unfair (no 12-month service threshold required), and run the 6-month / reasonable-cause 12-month clock under Section 41(6) and 41(8) of the Workplace Relations Act 2015.
This is the date of the contravention for Section 41(6) of the Workplace Relations Act 2015 — the 6-month clock runs from here.
If yes, your letter will rely on Section 6(2) of the Unfair Dismissals Acts 1977-2015 — the automatic-unfair grounds (e.g. pregnancy, trade union activity, protected disclosure) where the 12-month service threshold in Section 2(1) does not apply.
Section 6(4) of the Unfair Dismissals Acts 1977-2015 lists the only categories on which a dismissal can be potentially fair — capability, competence, qualifications, conduct, redundancy, contravention of law, and "other substantial grounds". A failure to give any reason is itself evidence of unfairness.
Pick all that apply. Under Section 6(2) of the Unfair Dismissals Acts 1977-2015, dismissal on these grounds is automatically unfair AND the 12-month service threshold in Section 2(1) does not apply.
Under Section 14(4) of the Unfair Dismissals Acts 1977-2015, your employer must furnish written reasons for dismissal within 14 days of a written request. If you have not received one, this letter will make the request for you.
If yes, the letter will cite Revenue Commissioners v Karshan (Midlands) Ltd t/a Domino's Pizza [2023] IESC 24 — the five-question Supreme Court test for employee vs self-employed status.