Dismissed with less than 12 months' service
what rights you still have

Section 2(1)(a) of the Unfair Dismissals Act 1977 says the Act does not apply to an employee who, at the date of dismissal, "had less than one year's continuous service" with the employer. So an ordinary claim that a dismissal was unfair, for example no warning or a poor process, usually fails on service alone.

That is not the whole picture. Three things can still work for you: some dismissals are covered from the first day, other claims never had a service condition, and fair procedure is still the standard your employer is measured against. Read the sections below against your own dates.

Source: Unfair Dismissals Act 1977 (revised text, Law Reform Commission, updated to July 2023; no later amendment to sections 1 to 8 shown in the Irish Statute Book directory at 21 October 2026).

The Act treats a dismissal as unfair, and sets aside the service and probation exclusions, where the dismissal results wholly or mainly from:

• Trade union membership or activities (section 6(2)(a); section 14 of the Unfair Dismissals (Amendment) Act 1993 removes the one-year and probation exclusions for these cases).
• A protected disclosure, in other words whistleblowing (section 6(2)(ba) and (2D)).
• Pregnancy, attending ante-natal classes, giving birth or breastfeeding, or using maternity protective leave or natal care absence; adoptive leave; paternity leave; or parent's leave (section 6(2)(f) to (j) and (2A)).
• Parental leave, force majeure leave, leave for medical care purposes, domestic violence leave or a request for a flexible working arrangement, or carer's leave (section 6(2)(dd) and (2B) to (2C)).

Under section 36 of the National Minimum Wage Act 2000, a dismissal for asserting minimum-wage rights is also treated as an unfair dismissal without the one-year requirement. Unlike the dismissals above, section 36 is expressed to be "without prejudice to sections 2 to 5" of the 1977 Act, so it removes only the one-year requirement: a valid written probation clause can still be raised against a minimum-wage dismissal claim.

If your dismissal looks like one of these, say so in the first line of your complaint and give the date and the reason you believe it was the cause. The test is whether the dismissal resulted wholly or mainly from it, so facts that link the two (timing, what was said, what changed after you asked) matter more than how you feel about it.

Section 3 keeps the Act away from a dismissal during probation only if your contract is in writing and states a probation or training period of 1 year or less. A verbal "you're on probation for six months" does not meet that test (there is a separate exclusion for some regulated trainees, section 3(2)). And even a valid written probation clause does not stop the dismissals listed above from being challenged (section 6(2A) to (2D) and section 14 of the 1993 Act). A written probation clause of up to 12 months can still be raised against you for any other kind of claim, even if the notice rule takes your service past 12 months.

The Act measures your service at the "date of dismissal". Where you were not given notice, or were given less than the contract or the Minimum Notice Act requires, that date is treated as the day a proper notice would have ended, not the day you were sent home. If you were close to your first anniversary, the notice you should have been given can move you over the line. Work the dates out exactly, from your start date, and take advice before relying on it. Continuous service is worked out under the First Schedule to the Minimum Notice Act 1973, so earlier periods with the same employer can count.

Source: the definition of "date of dismissal" in section 1 of the Unfair Dismissals Act 1977.

• Minimum notice. Once you have 13 weeks of continuous service, your employer must give at least one week's notice (until you reach 2 years, then it rises). Your contract can give you more, never less. An employer may rely on the right to end a contract without notice for misconduct, but misconduct must in fact have occurred (Minimum Notice and Terms of Employment Act 1973, sections 4 and 8). See minimum notice complaints.
• Wages and annual leave owed when you left. Unpaid wages, deductions, and annual leave or public holiday pay do not need a qualifying period. See unpaid wages and unpaid holiday pay.
• Discriminatory dismissal. A dismissal connected to gender, civil status, family status, age, disability, race, religion, sexual orientation or membership of the Traveller community can be referred to the WRC under the Employment Equality Acts (section 77(1)(b)). The Acts set no minimum service. See workplace discrimination.
• Penalisation for a safety complaint. Dismissal is listed as a form of penalisation if it is because you raised a health and safety concern or used your rights under the Safety, Health and Welfare at Work Act 2005 (section 27). This is a complaint to the WRC under that Act and the section sets no service condition. You cannot recover for the same penalisation under both that Act and the Unfair Dismissals Acts.
• Reasons for the dismissal. You can ask your employer in writing why you were dismissed and what procedure was followed. See asking for a statement of reasons.

The Code of Practice on Grievance and Disciplinary Procedures (S.I. 146/2000) says procedures must be fair, with the allegations put to the employee, a full chance to respond, the right to be represented by a colleague or a trade union, and a fair and impartial decision. The Code is not tied to length of service. Under section 42 of the Industrial Relations Act 1990, a code of practice is admissible in evidence and the court or body hearing the case must take any relevant provision into account, but failing to follow it does not by itself make anyone liable to proceedings (section 42(4) and (5)). The Code's principles apply unless the workplace has its own agreed procedure that conforms to them.

Where the Unfair Dismissals Act does not apply, a short-service dismissal has at times been dealt with by the WRC as an industrial relations dispute under section 13 of the Industrial Relations Act 1969 rather than a statutory claim. That route produces a recommendation, not an enforceable award (the WRC says such recommendations "are not enforceable"), the employer can object to the dispute being investigated, and whether it is open to you depends on the facts. Be careful if you are close to 12 months' service: section 8(10)(b) of the 1977 Act says you lose the right to unfair dismissal redress once an industrial relations recommendation has been made or a Labour Court hearing has begun. Take advice before choosing this route, and check the current position on workplacerelations.ie or ask the WRC information line.

Sources: S.I. 146/2000, Industrial Relations Act 1990, section 42.

An unfair dismissal claim must be started within 6 months beginning on the date of the dismissal, extendable to a maximum of 12 months only where the Adjudication Officer is satisfied that reasonable cause prevented you filing in time (section 8(2) of the 1977 Act). If you are relying on the later "notice would have ended" date to reach 12 months' service, do not use that later date to work out your deadline: count the 6 months from the day you were dismissed or last worked, and file before that. A discrimination complaint also has a 6-month limit, counted from the date of the discrimination (or its most recent occurrence), extendable to 12 months for reasonable cause (section 77(5) of the Employment Equality Act 1998). Complaints under the Workplace Relations Act 2015 generally have the same 6 months. The clock is already running, so do not wait to work out which route applies. See WRC time limits.

• Write down your start date, the date you were told, the last day you worked, and what was said, in order.
• Keep the contract, any probation clause, payslips, messages and any dismissal letter.
• Choose the complaint that fits your facts. For an ordinary dismissal in your first year, notice, wages and holiday pay are usually the claims that apply. The builder does not check your length of service, so apply the rules on this page before you choose a complaint type.

Can I claim unfair dismissal if I have been there less than 12 months?
Usually not. Section 2(1)(a) of the Unfair Dismissals Act 1977 says the Act does not apply to an employee who, at the date of dismissal, had less than one year's continuous service. There are exceptions, for example where the dismissal results wholly or mainly from trade union membership or activities, a protected disclosure, pregnancy, or certain family-related leave.

Does being on probation take away my rights?
Not the ones that apply from day one. Section 3 excludes dismissal during probation only if the contract is in writing and states a probation of 1 year or less. Even then, sections 6(2A) to 6(2D) and section 14 of the 1993 Act say that exclusion does not apply to the dismissals listed above.

Do I have to be given notice if I have worked there less than a year?
If you have at least 13 weeks of continuous service, section 4 of the Minimum Notice and Terms of Employment Act 1973 requires at least one week of notice (until you reach 2 years). Your contract may give you more, never less. Dismissal without notice for misconduct is not affected (section 8).

I am a few weeks short of 12 months. Does the notice period count?
It can. The Unfair Dismissals Act measures service at the date of dismissal, and where you got no notice or too little, that date is treated as the day a proper notice would have ended. Count the dates carefully and take advice before relying on it. Continuous service is worked out under the First Schedule to the Minimum Notice Act 1973, so earlier periods with the same employer can count.

Can I still claim unpaid wages or holiday pay?
Yes. Claims for wages and for annual leave or public holiday pay you were owed do not depend on a 12-month qualifying period.

How long do I have to complain?
For an unfair dismissal claim, 6 months from the date of the dismissal, extendable to a maximum of 12 months only where the Adjudication Officer is satisfied that reasonable cause prevented you filing in time (section 8(2) of the 1977 Act). Count from the day you were dismissed or last worked, not from a later notice date. A discrimination complaint also has a 6-month limit, counted from the date of the discrimination (section 77(5) of the Employment Equality Act 1998). Do not wait.

Unfair dismissal letter · Minimum notice · Constructive dismissal · Statement of reasons · Unpaid wages · WRC time limits · How to file a WRC complaint