I was constructively dismissed. What must I prove?

What the Law Says

Constructive dismissal is covered under the Unfair Dismissals Act 1977, which treats it as a dismissal for the purposes of unfair dismissal claims — provided certain conditions are met.

Under Irish law, constructive dismissal occurs when an employee resigns because their employer has committed a serious breach of contract — such as failing to pay wages, undermining trust and confidence, or unilaterally changing core terms like job role or location — making continued employment intolerable.

The resignation must follow closely after the breach — delay can weaken your claim. You must also have at least one year’s continuous service with the employer (with limited exceptions), and you must bring your claim to the Workplace Relations Commission within six months of the resignation — extendable to 12 months in exceptional circumstances (though the Act itself sets the standard time limit at six months; WRC practice allows up to 12 months with justification).

The Unfair Dismissals Act 1977 does not define 'constructive dismissal' in detail, but section 1 establishes that it falls within the scope of 'dismissal', enabling employees to pursue redress if the dismissal is found to be unfair.

Statutory Text

“dismissal” means the termination by the employer of the contract of employment... and includes... a situation where the employee terminates the contract of employment... in circumstances where the employee is entitled to terminate it without notice by reason of the conduct of the employer;

— Unfair Dismissals Act 1977, s. 1 — Interpretation

What to Do

Sources