Unfair Dismissals Act 1977
Number 10 of 1977
UNFAIR DISMISSALS ACT 1977
REVISED
Updated to 3 July 2023
This Revised Act is an administrative consolidation of the Unfair Dismissals Act 1977. It is prepared by the Law Reform Commission in accordance with its function under the Law Reform Commission Act 1975 (3/1975) to keep the law under review and to undertake revision and consolidation of statute law.
All Acts up to and including the Courts and Civil Law (Miscellaneous Provisions) Act 2023 (18/2023), enacted 5 July 2023, and all statutory instruments up to and including the Work Life Balance and Miscellaneous Provisions Act 2023 (Commencement) Order 2023 (S.I. No. 341 of 2023), made 29 June 2023, were considered in the preparation of this Revised Act.
Disclaimer: While every care has been taken in the preparation of this Revised Act, the Law Reform Commission can assume no responsibility for and give no guarantees, undertakings or warranties concerning the accuracy, completeness or up to date nature of the information provided and does not accept any liability whatsoever arising from any errors or omissions. Please notify any errors, omissions and comments by email to
revisedacts@lawreform.ie.
Number 10 of 1977
UNFAIR DISMISSALS ACT 1977
REVISED
Updated to 3 July 2023
ARRANGEMENT OF SECTIONS
Number 10 of 1977
UNFAIR DISMISSALS ACT 1977
REVISED
Updated to 3 July 2023
AN ACT TO PROVIDE FOR REDRESS FOR EMPLOYEES UNFAIRLY DISMISSED FROM THEIR EMPLOYMENT, TO PROVIDE FOR THE DETERMINATION OF CLAIMS FOR SUCH REDRESS BY RIGHTS COMMISSIONERS AND BY THE TRIBUNAL ESTABLISHED, FOR THE PURPOSE OF DETERMINING CERTAIN APPEALS, BY THE REDUNDANCY PAYMENTS ACT, 1967, TO PROVIDE THAT THAT TRIBUNAL SHALL BE KNOWN AS THE EMPLOYMENT APPEALS TRIBUNAL, TO MAKE PROVISION FOR OTHER MATTERS CONNECTED WITH THE MATTERS AFORESAID AND TO AMEND THE MINIMUM NOTICE AND TERMS OF EMPLOYMENT ACT, 1973. [6th April, 1977]
BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:
Annotations:
Modifications (not altering text):
C1
Functions under collectively cited Unfair Dismissals Acts transferred and references construed (14.10.2020) by Employment Affairs and Employment Law (Transfer of Departmental Administration and Ministerial Functions) Order 2020 (S.I. No. 438 of 2020), arts. 2, 3(1)(a), (2) and sch., in effect as per art. 1(2), subject to transitional provisions in arts. 4-8.
2. (1) The administration and business in connection with the exercise, performance or execution of any functions transferred by Article 3 are transferred to the Department of Business, Enterprise and Innovation.
(2) References to the Department of Employment Affairs and Social Protection contained in any Act or any instrument made under such Act and relating to any administration and business transferred by paragraph (1) shall, on and after the commencement of this Order, be construed as references to the Department of Business, Enterprise and Innovation.
3. (1) The functions vested in the Minister for Employment Affairs and Social Protection -
(a) by or under the Acts specified in Part 1 of the Schedule and the provisions of the Acts specified in Part 2 of the Schedule, and
...
are transferred to the Minister for Business, Enterprise and Innovation.
...
(2) References to the Minister for Employment Affairs and Social Protection contained in any Act or instrument made under such Act and relating to any functions transferred by this Article shall, on and after the commencement of this Order, be construed as references to the Minister for Business, Enterprise and Innovation.
SCHEDULE
PART 2
PROVISIONS OF ACTS OF THE OIREACHTAS
...
Unfair Dismissals Acts 1977 to 2015
...
C2
Act applied with modifications (1.08.2016) by Paternity Leave and Benefit Act 2016 (11/2016), s. 26, S.I. No. 435 of 2016.
Provisions applying where employee not permitted to return to work
26. (1) This section applies to an employee who, having duly complied with section 24, is entitled under this Part to return to work but is not permitted to do so by the relevant employer, within the meaning of section 27(3), and, in this section, in relation to such an employee, “the expected date of return” means the date notified under section 24 as the date on which the employee expected to return to work.
...
(4) For the purposes of the Act of 1977—
(a) an employee to whom this section applies who is also an employee to whom that Act applies shall be deemed to have been dismissed on the expected date of return, and
(b) the dismissal shall be deemed to be an unfair dismissal unless, having regard to all the circumstances, there were substantial grounds justifying the dismissal.
C3
The application of the collectively cited Unfair Dismissals Acts is potentially restricted where there is an alternative remedy in the provisions listed below. The following is one version of the wording used, but there are many variations:
(3) If the penalisation of an employee, in contravention of subsection (1), constitutes a dismissal of the employee (within the meaning of the Unfair Dismissals Acts 1977 to 2007), relief may not be granted to the employee in respect of that penalisation both under Schedule 4 of this Act and under the Unfair Dismissals Acts 1977 to 2007.
Employees are restricted to availing of one of alternative remedies provided by the Unfair Dismissals Acts and other legislation:
• (29.05.2020) by European Union (Reporting, Analysis and Follow-up of Occurrences in Civil Aviation) Regulations 2020 (S.I. No. 195 of 2020), reg. 9.
• (1.08.2015) by Industrial Relations Act 2015 (27/2015), s. 20(4), S.I. No. 329 of 2015.
• (16.10.2014) by Charities Act 2009 (6/2009), s. 62(3), S.I. No. 457 of 2014.
• (6.07.2012) by Property Services (Regulation) Act 2011 (40/2011), s. 67(5) & sch. 4, para. 8(b), commenced on enactment.
• (16.05.2012) by Protection of Employees (Temporary Agency Work) Act 2012 (13/2012), s. 24(2), commenced on enactment.
• (16.05.2012) by Protection of Employees (Temporary Agency Work) Act 2012 (13/2012), s. 23(2), commenced on enactment.
• (28.10.2011) by Central Bank and Credit Institutions (Resolution) Act 2011 (27/2011), s. 70(3)(b) and (b), S.I. No. 548 of 2011.
• (9.08.2011) by Criminal Justice Act 2011 (22/2011), s. 20(4)(a) and (b), S.I. No. 411 of 2011.
• (21.12.2010) by Credit Institutions (Stabilisation) Act 2010 (36/2010), ss. 23(3)(b) and 44(6)(b), S.I. No. 623 of 2010.
• (1.06.2010) by Inland Fisheries Act 2010 (10/2010), s. 38(3), commenced on enactment.
• by Labour Services Act 1987 (15/1987), s. 13B(3), as inserted (20.01.2010) by Labour Services (Amendment) Act 2009 (38/2009), s. 7, S.I. No. 12 of 2010.
• (21.12.2009) by National Asset Management Agency Act 2009 (34/2009), s. 223(5), S.I. No. 545 of 2009.
• by Health Act 2004 (42/2004), s. 55M(4), as inserted (1.03.2009) by Health Act 2007 (23/2007), s. 103(1), S.I. No. 27 of 2009.
• (21.01.2009) by Anglo Irish Bank Corporation Act 2009 (1/2009), s. 19(5)(b), commenced on enactment.
• (15.07.2008) by Chemicals Act 2008 (13/2008), s. 26(3), S.I. No. 273 of 2008.
• (27.05.2008) by European Communities (Cross-Border Mergers) Regulations 2008 (S.I. No. 157 of 2008), reg. 39(9).
• by European Communities (European Aviation Safety Agency) Regulations 2003 (S.I. No. 469 of 2003), reg. 10(4), as inserted (8.04.2008) by European Communities (European Aviation Safety Agency) (Amendment) Regulations 2008 (S.I. No. 95 of 2008), reg. 3(d).
• (13.06.2007) by European Communities (Occurrence Reporting in Civil Aviation) Regulations 2007 (S.I. No. 285 of 2007), reg. 9(7).
• (29.05.2007) by European Communities (European Cooperative Society) (Employee Involvement) Regulations 2007 (S.I. No. 259 of 2007), reg. 20(8).
• (1.05.2007) by Consumer Protection Act 2007 (19/2007), s. 87(4) and sch. 6, para. 4(2), S.I. No. 178 of 2007.
• (1.01.2007) by Employment Permits Act 2006 (16/2006), s. 26(5), S.I. No. 682 of 2006.
• (14.12.2006) by European Communities (European Public Limited-Liability Company) (Employee Involvement) Regulations 2006 (S.I. No. 623 of 2006), reg. 19(8).
• (24.07.2006) by Employees (Provision of Information and Consultation) Act 2006 (9/2006), s. 13(7), S.I. No. 382 of 2006.
• by Parental Leave Act 1998 (30/1998), s. 16A(3) as inserted (18.05.2006) by Parental Leave (Amendment) Act 2006 (13/2006), s. 11, commenced on enactment.
• (1.09.2005) by Safety, Health and Welfare at Work Act 2005 (10/2005), s. 27(5), S.I. No. 328 of 2005.
• by Employment Equality Act 1998 (21/1998), s. 101(2)(b), as substituted (18.07.2004) by Equality Act 2004 (24/2004), s. 46 and sch. para. 30, commenced on enactment.
• (14.07.2003) by Protection of Employees (Fixed-Term Work) Act 2003 (29/2003), s. 18(1), commenced on enactment.
• (11.04.2003) by European Communities (Protection of Employees on Transfer of Undertakings) Regulations 2003 (S.I. No. 131 of 2003), reg. 5(4).
• (1.07.2002) by Competition Act 2002 (14/2002), s. 50(3) and sch. 3, para. 3, S.I. No. 199 of 2002.
• (20.12.2001) by Protection of Employees (Part-Time Work) Act 2001 (45/2001), s. 15(3), S.I. No. 636 of 2001.
• (2.07.2001) by Carer’s Leave Act 2001 (19/2001), s. 16(3), commenced on enactment.
• (18.10.1999) by Employment Equality Act 1998 (21/1998), s. 101(4)(b), S.I. No. 320 of 1999.
• (23.01.1999) by Protections for Persons Reporting Child Abuse Act 1998 (49/1998), s. 4(3), commenced as per s. 7(2).
• (30.09.1997) by Organisation of Working Time Act 1997 (20/1997), s. 26(2), S.I. No. 392 of 1997.
C4
Application of collectively cited Unfair Dismissals Acts 1977 to 2007 restricted (15.07.2015) by European Union (Bank Recovery and Resolution) Regulations 2015 (S.I. No. 289 of 2015), reg. 40(4)(b), in effect as per reg. 1(2).
Removal of senior management and management body.
40. ...
(4) A court, tribunal or rights commissioner may not— ...
(b) make an order under the Unfair Dismissals Acts 1977 to 2007 for the reinstatement or re-engagement of such a person.
...
C5
Functions under collectively cited Unfair Dismissals Acts transferred to Health Service Executive (1.01.2005) by Health Act 2004 (42/2004), s. 59(1) and sch. 3 item 55, S.I. No. 887 of 2004.
Transfer of functions of specified bodies to Executive.
59.—(1) The functions that, immediately before the establishment day, were the functions of a specified body under or in connection with the enactments referred to in Schedule 3 are, by this Act, transferred to the Executive on that day.
...
SCHEDULE 3
Transfer of Functions and References to Functional Areas
...
55. Unfair Dismissals Acts 1977 to 2001
...
C6
Application of Act extended (20.12.2001) by Protection of Employees (Part-Time Work) Act 2001 (45/2001), ss. 3(1) and 8, S.I. No. 636 of 2001.
Interpretation (generally).
3. — ...
“relevant enactment” means— ...
(f) the Unfair Dismissals Acts, 1977 to 1993, or
...
Application of relevant enactments.
8.—Each relevant enactment shall apply to a part-time employee in the same manner, and subject to the like exceptions not inconsistent with this section, as it applies, other than by virtue of this Act, to an employee to whom that enactment relates.
C7
Application of collectively cited Unfair Dismissals Acts 1977 to 1993 extended with modifications (1.04.2000) by National Minimum Wage Act 2000 (5/2000), s. 36(2), S.I. No. 96 of 2000.
Prohibition of victimisation of employee by employer.
36. — ...
(2) Dismissal of an employee in contravention of subsection (1) shall be deemed to be an unfair dismissal of the employee within the meaning and for the purposes of section 6(1) of the Unfair Dismissals Acts, 1977 to 1993 (but without prejudice to sections 2 to 5 of the Unfair Dismissals Act, 1977, except that it is not necessary for the employee to have at least one year’s continuous service with the employer and that Act shall apply as if the Worker Protection (Regular Part-Time Employees) Act, 1991, were repealed in relation to the number of hours an employee is normally expected to work for the purposes of that Act) and those Acts, with the necessary modifications, shall apply accordingly.
...
C8
Application of Act extended (30.01.1995) by Maternity Protection Act 1994 (34/1994), s. 28(3), S.I. No. 16 of 1995.
Notification of intention to return to work.
28.— ...
(3) In the absence of reasonable grounds—
(a) failure to give notification under subsection (1), or
(b) the giving of such notification otherwise than within the specified time limits,
are matters that may be taken into account by a rights commissioner, the Tribunal or the Circuit Court in determining the employee’s rights under the 1977 Act, this Act or any other relevant enactment, so far as the remedies of re-instatement, re-engagement or compensation are concerned.
C9
Application of Act confirmed (1.10.1993) by Unfair Dismissals (Amendment) Act 1993 (22/1993), s. 13, commenced as per s. 17(4).
Employment agencies.
13.—Where, whether before, on or after the commencement of this Act, an individual agrees with another person, who is carrying on the business of an employment agency within the meaning of the Employment Agency Act, 1971, and is acting in the course of that business, to do or perform personally any work or service for a third person (whether or not the third person is a party to the contract and whether or not the third person pays the wages or salary of the individual in respect of the work or service), then, for the purposes of the Principal Act, as respects a dismissal occurring after such commencement—
(a) the individual shall be deemed to be an employee employed by the third person under a contract of employment,
(b) if the contract was made before such commencement, it shall be deemed to have been made upon such commencement, and
(c) any redress under the Principal Act for unfair dismissal of the individual under the contract shall be awarded against the third person.
C10
Construction of references to rights commissioner modified (18.07.1990) by Industrial Relations Act 1990 (19/1990), s. 35(1), commenced on enactment.
The Rights Commissioner Service.
35.—(1) The rights commissioners shall operate as a service of the Commission and references to rights commissioners in the Industrial Relations Act, 1969, the Unfair Dismissals Act, 1977, and the Maternity Protection of Employees Act, 1981, shall be taken to be references to rights commissioners so operating.
...
Editorial Notes:
E1
For purposes of Act, an employee not allowed to return to work and to whom 35/2019 applies is deemed to have been dismissed on expected date of return and dismissal to have been unfair, unless justified by substantial grounds, as provided (1.11.2019) by Parent’s Leave and Benefit Act 2019 (35/2019), s. 22(4), S.I. No. 629 of 2019.
E2
Collectively cited Unfair Dismissal Acts 1977 to 2007 included in definition of “employment enactment” and “relevant enactment” (1.08.2015) by Workplace Relations Act 2015 (16/2015), s. 2 and sch. 1 part 2 item 1, S.I. No. 338 of 2015, with the following effects:
• Authorised officers or inspectors under employment enactments deemed to be appointed under Workplace Relations Act 2015 (16/2015), s. 26(2) and subject to termination under s. 26(4).
• Powers of inspectors for purposes of relevant enactments defined in Workplace Relations Act 2015 (16/2015), s. 27.
• Workplace Relations Commission, an inspector or an adjudication officer authorised to disclose employer’s registered number or employee’s PPSN to enable Labour Court to perform functions under relevant enactments by Workplace Relations Act 2015 (16/2015) s. 31(5).
• Power of Workplace Relations Commission and official body to disclose information to each other concerning the commission of offence under relevant enactment provided by Workplace Relations Act 2015 (16/2015), s. 32.
• Power of Workplace Relations Commission and contracting authority to disclose information to each other concerning the commission of offence under employment enactment/ relevant enactment provided by Workplace Relations Act 2015 (16/2015), s. 33.
• Powers of Minister to prosecute under relevant enactments transferred to Workplace Relations Commission and references construed by Workplace Relations Act 2015 (16/2015), s. 37.
• Functions of EAT to hear claims under employment enactments transferred to Workplace Relations Commission and references to EAT construed by Workplace Relations Act 2015 (16/2015) s. 66(1), (2), not commenced as of date of revision.
E3
Previous affecting provision: functions under Act, other than section 8C(1)(h), transferred and “Minister for” and “Department of Jobs, Enterprise and Innovation” construed (1.09.2017) by Labour Affairs and Labour Law (Transfer of Departmental Administration and Ministerial Functions) Order 2017 (S.I. No. 361 of 2017), arts. 2, 3, 6-8, in effect as per art. 1(2), subject to transitional provisions in arts. 4, 5; superseded as per C-note above.
E4
Previous affecting provision: applicant restricted to one of alternative remedies by Prevention of Corruption (Amendment) Act 2001 (27/2001), s. 8A(5) and sch. 1 para. 3(8), as inserted (15.12.2010) by Prevention of Corruption (Amendment) Act 2010 (33/2010), ss. 4 and 6, commenced on enactment; repealed (30.07.2018) by Criminal Justice (Corruption Offences) Act 2018 (9/2018), s. 4 and sch. 2, S.I. No. 298 of 2018.
E5
Previous affecting provision: application of Act potentially excluded by alternative avenue of redress (18.10.1999) by Employment Equality Act 1998 (21/1998), s. 101(5)(b), S.I. No. 320 of 1999; subs. (5) substituted (18.07.2004) by Equality Act 2004 (24/2004), s. 42(b), commenced on enactment.
E6
Previous affecting provision: functions transferred and references to Department of and Minister for Labour construed as Department of and Minister for Industry and Commerce (20.01.1993) by Labour (Transfer of Departmental Administration and Ministerial Functions) Order 1993 (S.I. No. 18 of 1993), arts. 3, 4(1)(a), (2) and sch. part 1; superseded as per C-note above.
E7
Previous affecting provision: term “continuous service” construed under certain conditions (6.04.1991) by Worker Protection (Regular Part-Time Employees) Act 1991 (5/1991), s. 2(3)(b)(iii), S.I. No. 75 of 1991; repealed (20.12.2001) by Protection of Employees (Part-time Work) Act 2001 (45/2001), s. 5, S.I. No. 636 of 2001.
E8
Previous affecting provision: power to modify Act by regulations vested in Minister (6.04.1981) by Maternity Protection of Employees Act 1981 (2/1981), s. 27(4), commenced as per s. 1; repealed (30.01.1995) by Maternity Protection Act 1994 (34/1994), s. 6, S.I. No. 16 of 1995.