Dismissals are unfair under the Acts where it is shown that they have resulted wholly or mainly from one or more of the following:

 

  • the employee’s trade union membership or activities, either outside working hours or at those times during working hours when permitted by the employer
  • the religious or political opinions of the employee
  • the employee having made a protected disclosure
  • civil or criminal proceedings against the employer in which the employee is, or is likely to be, involved (as party, complainant or witness)
  • the exercise or proposed exercise by the employee of the right to parental leave or force majeure leave under the Parental Leave Act 1998 or carer’s leave under and in accordance with the Carer’s Leave Act 2001
  • the race or colour or sexual orientation of the employee
  • the age of the employee
  • the employee’s membership of the travelling community
  • the employee’s pregnancy, attendance at ante-natal classes giving birth or breastfeeding or any matters connected therewith
  • the exercise or proposed exercise by the employee of the right under the Maternity Protection Acts 1994 and 2004 to any form of protective leave or natal care absence or to time off from work to attend ante-natal classes or to time off from work or a reduction of working hours for breast feeding in accordance
  • the exercise or proposed exercise by an employee of the right to adoptive leave, additional adoptive leave or time off to attend certain pre-adoption classes or meetings under the Adoptive Leave Acts 1995 and 2005
  • the unfair selection of the employee for redundancy
  • the employee’s exercising of rights or proposed exercise of rights under the National Minimum Wage Act 2000 or under the safety, Health and Welfare at Work Act 2005