Can I claim unfair dismissal at the WRC if I have less than one year of service?

Under the Unfair Dismissals Acts 1977–2015, you usually need 12 months of service to bring a claim. However, in many cases, there are alternative avenues to challenge an unfair dismissal, even with less than 12 months of service.

1️⃣ Key Exceptions (No Service Requirement)

Certain dismissals are automatically unfair, meaning you can bring a claim regardless of your length of service. These include being dismissed for:
✅ Pregnancy or maternity leave (Maternity Protection Act 1994)
✅ Raising health & safety concerns (Safety, Health and Welfare at Work Act 2005)
✅ Making a protected disclosure (whistleblowing) (Protected Disclosures Act 2014)
✅ Trade union activity
✅ Discrimination (e.g., gender, age, race, disability, etc.) (Employment Equality Acts 1998-2021)

2️⃣ Alternative Claims

If your case does not fall under the Unfair Dismissals Act, you may still have grounds for a claim under other employment laws, such as:
🔹 Equality claim – If dismissed due to discrimination
🔹 Health & safety claim – If dismissed for exercising safety rights
🔹 Protected disclosure claim – If dismissed for whistleblowing

3️⃣ Example Case

Emma was dismissed after six months for raising concerns about unsafe working conditions. Even though she does not have one year of service, she can bring a health & safety-related claim to the WRC under the Safety, Health and Welfare at Work Act.

⚠️ Disclaimer: This post provides general information and is not legal advice. Consult a member of the workplacedisputes.ie team for specific guidance.