Background

This case arose from the termination of an employee’s role at Unisalon, a business operating within University College Cork. The employer cited the Covid-19 pandemic as the basis for the redundancy.

While the existence of a global pandemic was not in dispute, the Workplace Relations Commission examined whether the employer had followed a lawful redundancy process, regardless of the external circumstances.

The Key Question

Does an employer have to follow fair procedures when making someone redundant, even during a crisis?
The answer is yes. Unequivocally.

What the WRC Said

The Adjudication Officer delivered a clear and important statement on what Irish employment law requires when an employer makes a role redundant. The core finding was straightforward: an employer does not have a free hand to act as it pleases, no matter what circumstances it is navigating.

The Adjudication Officer set out the following requirements for a lawful redundancy process:
Formal notice that the role is at risk. The employee must be informed, clearly and in advance, that their position is being considered for redundancy. No employee should be blindsided by a redundancy decision.
Genuine consultation. The employer must enter into a real consultation process with the employee, not a token exercise. The employee’s input must be heard and considered.

Fair selection criteria. Where multiple roles are potentially affected, employers should implement a selection matrix using a points-based system to determine which roles are made redundant. The Adjudication Officer emphasised that redundancy is impersonal,it is the role being eliminated, not the person.

Consideration of alternative employment. The employer must genuinely consider whether suitable alternative roles exist within the organisation, including any options the employee suggests.

A right of appeal. The employee must be given the opportunity to appeal the redundancy decision.

Why This Case Matters

Many employers, particularly during the pandemic,treated redundancy as something they could implement quickly and without process, relying on the exceptional circumstances as justification. This case makes clear that the law does not bend to accommodate convenience or crisis.

The Adjudication Officer’s summary is one of the clearest statements on record of what a fair redundancy process looks like under Irish law. It serves as a practical checklist that any employer should follow, and that any employee can use to assess whether their own redundancy was handled properly.

What This Means for Employees

If you were made redundant and any of the following apply, your dismissal may have been unfair:

• You received no advance warning that your role was at risk
• There was no consultation, or it was purely a formality
• No selection criteria were used, or they were applied inconsistently
• Alternative roles were not discussed or offered
• You were given no opportunity to appeal

A redundancy that fails to meet these procedural requirements can be challenged as an unfair dismissal, even where a genuine redundancy situation existed

Need Advice on Your Redundancy?

If you’ve been made redundant and the process didn’t follow the steps outlined in this case, you may have grounds for a claim. Time limits apply, you generally have six months from the date of dismissal to bring a claim to the Workplace Relations Commission.

Barry Crushell is a qualified solicitor with expertise in employment law, practising from Arran Square, Dublin 7. Contact us today for a confidential consultation.
 01 611 1546