I raised health and safety concerns at work and have now been dismissed. What are my legal options?

Dear Reader, 

Yes, I believe you could potentially bring a claim to the Workplace Relations Commission for unfair dismissal and penalisation.

The governing legal provision which is relevant to this scenario is the Unfair Dismissals Acts of 1977 to 2015.

Firstly it should be noted there are automatic grounds for unfair dismissal including the following: i) Age ii) Religion, iii) Race, iv) Membership of a particular Trade Union or v) Pregnancy. From the information you have provided, it seems that none of these grounds are applicable to your situation.

If an employee believes they are unfairly dismissed they can bring a claim to Workplace Relations Commission. This has to be done within six months of the date of dismissal and they typically have to have 12 months of continuous service to bring such a claim. Your employer will have to show the WRC the dismissal was fair and there are ground for a fair dismissal and these are outlined in Section 6 of the 1977 Act. The four primary grounds are as follows; i) Capability, competence, qualifications of employee ii) Conduct of employee, iii) Redundancy of employee iv) Contravention of law.

If you succeed in a claim for unfair dismissal they can be ordered to be reinstated or can be financially compensated for loss of earnings. Your employer need to show the dismissal is not within the automatic grounds and is within the grounds for a fair dismissal and show that they have followed fair and proper procedures in the dismissal. This is often the downfall of employers in the WRC that fair procedures have not been followed.

There can’t be any bias on your behalf when making a decision and the dismissal should be proportionate to the wrongdoing. The employee should be given the right to appeal a decision to terminate his employment.

It is important for all employers to follow the correct legal procedural conduct when dismissing an employee and if they don’t follow the correct procedures there is a risk that a dismissal will be deemed unfair. You should check whether your employer had a disciplinary and grievance procedure which should be annexed to the employment contract and check whether the procedure was followed..

The Protected Disclosures Act 2014 as amended by the Protected Disclosures (Amendment) Act 2022, provides a statutory framework for the protection of workers who raise concerns about relevant wrongdoing in their workplace from dismissal, penalisation or other sanctions by their employers. A protected disclosure is defined by section 5 of the 2014 Act as a disclosure of information by a worker, which in their reasonable belief, tends to show one or more relevant wrongdoings, which came to the worker’s attention in a work-related context and is disclosed in the manner. Section 12 of the Act prohibits an employer from penalising or threatening to penalise an employee for having made a protected disclosure. In respect of penalization you can apply to the Circuit Court for interim relief within 21 days immediately following the date of the last act of penalisation by the employer and a claim for penalisation may also be brought before the Workplace Relations Commission within six months of the penalisation complained of.

Stephen Coppinger, is a solicitor practicing in Walsh & Partners, Solicitors and Commissioners for Oaths, 17, South Mall, Cork.

- Email: info@walshandpartners.ie - Web: www.walshandpartners.ie 

While every care is taken to ensure accuracy of information contained in this article, solicitor Stephen Coppinger does not accept responsibility for errors or omissions howsoever arising, and you should seek legal advice in relation to your particular circumstances at the earliest possible time.