Constructive dismissal in Ireland
and your WRC complaint

Under Section 1 of the Unfair Dismissals Act 1977, a dismissal includes an employee ending the contract because of the employer's conduct. In practice there are two tests a WRC adjudicator looks at:

The contract test: did the employer behave so badly that it breached a basic term of the contract, so you were entitled to leave?

The reasonableness test: did the employer act so unreasonably that no reasonable employee should be expected to put up with it?

The burden is on you, the employee, to show this. Adjudicators set the bar high.

The most common reason these cases fail is that the employee resigned without first using the employer's grievance procedure. Where one exists, it is usually expected that you raise the problem in writing and give the employer a chance to fix it.

Keep dated records: emails, written complaints, replies, medical certificates, and notes of what was said in meetings. Consider getting advice from a union or a free legal advice service before you hand in notice.

How to file a WRC complaint · WRC time limits · Unfair dismissal letter · Unpaid wages letter