lrc_1977_act_10

(LRC Revised)

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LRC Revised Act

Unfair Dismissals Act 1977 (LRC Revised) Open official source

Number 10 of 1977

UNFAIR DISMISSALS ACT 1977

REVISED

Updated to 3 July 2023

Changes to legislation

as of 10 July 2026, this Act is up to date with all changes known to be in force.

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

revisedacts@lawreform.ie.

Number

1977

UNFAIR DISMISSALS ACT 1977

REVISED

Updated to 3 July 2023

ARRANGEMENT OF SECTIONS

Section

Definitions.

Exclusions.

2A.

Application of Act to certain civil servants.

Dismissal during probation or training.

Dismissal during apprenticeship.

Dismissal by way of lock-out or for taking part in strike.

Unfair dismissal.

Redress for unfair dismissal.

Determination of claims for unfair dismissal.

8A.

Application of provisions of Act of 2015 to claim for redress.

8B.

Disposal of claims by written submission only.

8C.

Striking out of claims that are not pursued.

Appeal from recommendation of

rights commissioner.

(Repealed)

10.

Proceedings in Circuit Court

for redress under Act.

(Repealed)

10A.

Appeal to High Court on point of law.

11.

Service of documents on bodies.

12.

Provisions relating to winding up and bankruptcy.

13.

Voidance of certain provisions in agreements.

14.

Notice to employees of procedure for, and grounds of, dismissal.

15.

Alternative remedies of employee.

16.

Amendment of Act by order of Minister.

17.

Regulations.

18.

Employment Appeals Tribunal.

19.

Repayment of moneys paid under Redundancy Payments Acts, 1967 and 1973.

20.

Amendment of First Schedule to Minimum Notice and Terms of Employment Act, 1973.

21.

Expenses.

22.

Short title and commencement.

Number

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

. [6

th April

, 1977]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS

Annotations

Modifications (not altering text)

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 -

(

) 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

...

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—

(

) 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

(

) the dismissal

shall be deemed to be an unfair dismissal unless, having regard to all the

circumstances, there were substantial grounds justifying the dismissal.

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.

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— ...

(

) make an order

under the Unfair Dismissals Acts 1977 to 2007 for the reinstatement or

re-engagement of such a person.

...

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

...

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).

— ...

“relevant enactment” means— ...

(

) the Unfair Dismissals Acts, 1977

to 1993, or

...

Application of relevant

enactments.

—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.

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.

...

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—

(

) failure to give notification

under subsection (1), or

(

) 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.

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—

(

) the individual shall be deemed to

be an employee employed by the third person under a contract of employment,

(

) if the contract was made before

such commencement, it shall be deemed to have been made upon such commencement,

and

(

) 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

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.

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

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.

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.

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.

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)

Equality Act 2004

(24/2004), s. 42(b), commenced on enactment.

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.

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.

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.