Three ways it fails, and one that is automatic

By Equipo Saplic Published on 12/08/2026 Updated on 12/08/2026

Pregnancy-related redundancy is automatically unfair.

In this guide
  1. The three failures
  2. The automatic case
  3. Being replaced
  4. The procedural requirements
  5. Collective redundancy
  6. The deadline
  7. The qualifying period
  8. What to document

A genuine redundancy occurs where the position ceases to exist and the employee is not replaced. Where that is not what happened, other rules apply.

The three failures

A redundancy is unfair if:

  1. It was not a genuine redundancy situation
  2. The selection for redundancy was discriminatory or unfair
  3. Proper procedures were not followed

Any of the three grounds an unfair dismissal claim at the WRC.

The automatic case

A redundancy connected to your pregnancy or maternity leave is automatically unfair.

No further test applies.

Being replaced

If your employer makes you redundant and then hires someone else to do the exact same job shortly after, that may be unfair dismissal rather than redundancy — the job itself must have gone.

The procedural requirements

Meaningful individual consultation is mandatory for every redundancy, including:

  • A risk letter
  • A meeting to discuss alternatives

Employers must use objective, measurable selection criteria and document the rationale to avoid discrimination and unfair dismissal claims.

Collective redundancy

A 30-day consultation with representatives and ministerial notification are mandatory.

Failing that rule or other procedural steps can result in fines up to €250,000 and significant compensation awards.

The deadline

Six months from the date of termination to file a complaint with the WRC for unfair dismissal.

That is shorter than the one-year window for redundancy-payment disputes, so if you are challenging both the fairness and the amount, the fairness clock runs out first.

The qualifying period

Twelve months' service under the Unfair Dismissals Acts 1977-2015 — with no qualifying period for pregnancy, union activity or protected disclosures.

What to document

  • Whether you received a risk letter and a consultation meeting
  • What selection criteria were used and how they were applied
  • Whether alternative roles existed and were offered
  • Whether your role was filled after you left
  • The RP50 and its calculation

Frequently asked questions

When is a redundancy unfair?
If it was not a genuine redundancy situation, the selection was discriminatory or unfair, or proper procedures were not followed.
Is any redundancy automatically unfair?
Yes. A redundancy connected to pregnancy or maternity leave is automatically unfair, with no further test applying.
What procedures must the employer follow?
Meaningful individual consultation including a risk letter and a meeting to discuss alternatives, with objective measurable selection criteria and documented rationale.
What is the deadline for an unfair dismissal claim?
Six months from termination — shorter than the one-year window for redundancy-payment disputes, so the fairness clock runs out first.
What if my role was filled after I left?
That may be unfair dismissal rather than redundancy, since the job itself must have gone.

Sources

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