Time limits play a decisive role in determining whether an employee may pursue a claim against their employer.
Missing these deadlines—often by even a single day—can result in a case being dismissed regardless of its merits.
Understanding the statutory timeframe and the limited extension available is therefore essential for both employees and employers.
General Guide –
The general rule of thumb to bear in mind is that if the wrong that you are looking to sue over – whether that is a dismissal, a non-payment of wages, or not being given appropriate breaks – is 6 months.
There is provision for extension in exceptional circumstances, but those are very rarely allowed for.
Unfair Dismissals – timeline
Under the Unfair Dismissals Act 1977 (as amended), an employee must generally file a complaint with the Workplace Relations Commission (WRC) within six months of the date of dismissal. The “date of dismissal” is the date on which the employee’s notice period expires. This definition is important, as it clarifies that the limitation clock starts ticking from the end of the notice period, not from the date the employee is informed of the dismissal.
For employees, the message is clear: acting promptly is critical. Even if a dismissal is clearly unlawful, the WRC cannot consider the case if it is out of time and no reasonable cause is established.
For employers, the limitation period provides an important procedural defence and underscores the value of identifying when the alleged breach occurred, particularly in constructive dismissal or multi‑stage disciplinary processes.
In summary, the statute of limitations for Unfair Dismissals Act claims in Ireland consists of a strict six‑month filing period, extendable to twelve months only in exceptional circumstances supported by credible and reasonable justification.
If you have been unfairly dismissed or are an employer facing a claim of unfair dismissal, please get in contact with us at info@mcgrathmullan.ie and we can put you in contact with our employment law team.