Selection order for dismissals and layoffs in detail

There is no statutory selection order for dismissals under Irish law.

However, if an employee is selected for redundancy based on trade union membership; for having taken statutorily protected leave (e.g. maternity or adoptive leave); or on grounds of a protected characteristic under equality legislation (e.g. age), then they may bring a claim for unfair dismissal. The recommended practice for employers is to use a selection matrix of objective criteria to select employees for redundancy in order to ensure a fair and non-discriminatory process is followed.

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Author: Lewis Silkin LLP Ireland

Date: December 2019