Redundancy

Expert Legal Advice on Redundancy Law in Ireland

When you need expert guidance on redundancy law in Ireland, Employment Law Solicitor is here to help. We have extensive experience advising both employers and employees on all aspects of redundancy law and have a strong track record of achieving successful outcomes through both formal and informal processes.

Speak with one of our Dublin-based specialist employment solicitors to discuss how we can assist you with your redundancy-related legal matter.

Redundancy Law Resources

Guide to Redundancy under Irish Employment Law
Bringing a Redundancy Claim
Redundancy Payments Cases and Claims

Redundancy & Unfair Dismissal

A dismissal is not considered unfair if it is wholly or mainly due to redundancy. However, the burden of proof is on the employer to demonstrate that:

The dismissal was genuinely redundancy-related.
The selection process was fair and objective.

If these conditions are not met, the employee may have grounds for an unfair dismissal claim.

Redundancy Selection Criteria

Employers must apply fair and objective criteria when selecting employees for redundancy. If the criteria are unfair or applied inconsistently, the affected employee may have a valid claim for unfair dismissal.

Selection Process for Redundancy

Where no agreed redundancy procedure exists, the reasonableness of the selection process will be assessed based on:

The standard of a reasonable employer in the given industry
The circumstances at the time of redundancy

Burden of Proof in Redundancy Cases

In all dismissal cases—whether due to redundancy or other grounds—the employer must prove that the termination of employment was legally justified.

Common Redundancy Situations

Cease or Change in Business
The employer stops operations or closes a specific location.
Work Has Changed
The employer no longer requires employees to perform certain tasks.
Fewer Employees Needed
The employer reduces staff due to restructuring or efficiency measures.
Working Methods Have Changed
The work now requires different skills, and the employee lacks the necessary qualifications or training.
Work Done by a More Qualified Employee
The role is assigned to a person who can also perform additional tasks beyond what the previous employee was trained for.

Alternatives to Redundancy

Courts have noted that a genuine redundancy process should consider alternatives before terminating employment. A fair selection procedure demonstrates an employer’s honest approach to redundancy.