Below we outline the key considerations you should bear in mind when navigating the initial steps of this process.

What is this Claim About? 

In Ireland, employees can bring claims under a wide range of employment legislation such as the Unfair Dismissals Acts 1977–2015, the Employment Equality Acts 1998–2015, the Organisation of Working Time Act 1997, the Payment of Wages Act 1991, the Redundancy Payments Acts 1967–2014, and the Protected Disclosures Acts 2014-2022, to name just a few. It is important to identify which legislation is being relied upon, as this will shape the response and defence strategy.

Once an employee, or past employee (Complainant) issues a claim, the person identified by the Complainant as being the “Respondent” will be sent the claim form. As an initial exercise, you should review the claim form to ascertain the following information:

• What the Complainant is seeking (for example, compensation, reinstatement or reengagement);
   
  
• If the Complainant has indicated their willingness to engage in mediation; and
   
  
• The date the complaint form was lodged (subject to certain exceptions, claims need to be lodged to the WRC within 6 months of the date of dismissal/alleged breach of legislation, or in equality claims, within 6 months of the last date of alleged discrimination/victimisation.)

How Am I Going to Defend This? 

Once a claim has been notified, you should gather all relevant documentation, regardless of whose position it supports. Relevant documentation can take the form of email correspondence, letters, meeting minutes, your employee handbook (and/or relevant policies), the employee's contract of employment, job description, payslips, time sheets and any other documents relating to the dispute in question.

Witness statements are not required in the earliest stages, but it would be helpful to prepare a list of individuals whose evidence might eventually be required at the hearing.

It is worth noting that WRC hearings are now generally held in public following the Supreme Court's decision in Zalewski v Adjudication Officer & Ors [2021] IESC 24, save in limited circumstances. This means that the outcome of the hearing, and any evidence given, is likely to be publicly accessible and may be reported in the media.

Insurance: Do I Have a Policy and What Are My Obligations Regarding Notification? 

Once you receive a WRC claim, you should contact your insurers to determine whether you are covered by Employment Practices Liability (EPL) insurance. You will want to contact your insurers at the earliest opportunity to ensure you can receive the most cost-effective legal support.

Your policy may also include notification requirements for threatened or actual claims and failure to notify promptly could affect the validity of your cover.

Early Resolution and Mediation - What Options Are Available to Me? 

In Ireland, the WRC offers mediation as an alternative to adjudication. This is a voluntary and confidential process facilitated by a mediator appointed by the WRC. This process is designed to assist parties in reaching a mutually acceptable resolution without the need for a formal hearing.

When completing the WRC claim form, the Complainant will be asked to indicate if they are willing to engage in mediation. If the Complainant does not wish to engage in mediation, unfortunately there is little that the Respondent can do and the matter will progress to hearing.

If the Complainant has indicated their willingness to engage in mediation, this can be a valuable opportunity to resolve matters before they escalate. Engaging constructively with the WRC's mediation services is generally advisable as any settlement reached through the WRC's mediation process will be legally binding.

If the Complainant has indicated their willingness to engage in mediation, the WRC requests that the Respondent also indicates their position on mediation within 10 days of receiving the WRC complaint form. If the Respondent does not indicate their position within that time period, it can be difficult to later request that the complaint be transferred back to the mediation division in the WRC and the claim will usually proceed to adjudication.

Even if the Complainant has not indicated their willingness to mediate in the WRC, or if WRC mediation proves to be unsuccessful, settlement discussions are still possible at any stage of the process and parties often go on to engage in settlement talks through their legal representatives or through independent mediators (outside of the WRC process).

If the matter does settle in advance of the hearing date, a settlement agreement will be signed between the parties. Settlement agreements are usually in full and final settlement of all claims and employers will usually require a settlement without any admission of liability on their part. It is worth noting that any settlement agreement will also usually include terms of confidentiality. However, employers should be aware of the recent developments under the Maternity Protection, Employment Equality and Preservation of Certain Records Act 2024 (2024 Act) which amends the Employment Equality Acts 1998-2015 to prohibit the use of non-disclosure agreements (NDA) in respect of allegations of discrimination, harassment, sexual harassment, and/or victimisation, subject to two exceptions: 

• where an NDA is a term of a settlement arising out of a WRC mediation; or
  
  
• an excepted NDA.

In order to qualify as an excepted NDA, the following criteria must be met: 

• The employee must request an NDA;  
   
  
• The employee must obtain independent legal advice on the legal implications of the NDA before signing it. This advice must be provided in writing. The employer is required to cover the reasonable cost of obtaining this advice.
   
  
• The agreement must be in writing.
   
  
• The agreement must be in clear, understandable language and in an easily accessible format.
   
  
• The agreement must be of unlimited duration, unless the employee elects otherwise.
   
  
• The employee must have a right to withdraw from the NDA without penalty within 14 days of the date of the NDA; and
   
  
• The agreement must state that it does not prohibit the making of a disclosure of discrimination, harassment, sexual harassment or victimisation to one or more listed persons, where at the time of the making of the disclosure, the person concerned is acting during their office, employment, business, trade or profession. Listed persons include Gardaí, lawyers, medical practitioners, mental health professionals, an officer of the Revenue Commissioners, an officer of the Ombudsman, trade union officials or any individuals that may be specified in the NDA.

What Is This Going to Cost Me? 

WRC claims can be very time consuming and often require witnesses from the business to attend pre-hearing consultations and potentially multiple days at hearing in the WRC. Unlike in Court proceedings, parties in WRC proceedings bear their own costs and there is no ability for either party to recover their costs upon the outcome of the hearing. With this in mind, cases often settle in advance of hearing because commercial and publicity considerations prevail.

Do I Need a Solicitor? 

In 2024, there was an 18% increase in complaints made to the WRC, with 7,316 applications received in 2024. This represents 14,890 individual complaints (an average of two individual/specific complaints per complaint application).

With the growing popularity of AI in recent months, RDJ has seen an increased complexity of claims resulting in longer hearings and higher costs for employers. With this in mind, it is prudent to consult with a solicitor as soon as possible to understand your options and develop a strategy and briefing counsel if necessary.

As mentioned above, there may also be time limits that you will need to comply with, and your solicitor can advise you in relation to this. For example, you will need to respond on your position in relation to mediation within 10 days of the date of the notification letter and there is also a strict timeframe of 21 days for objecting to investigations under section 13 of the Industrial Relations Act, 1969.

RDJ provide strategic legal guidance on how employers should move forward, helping you to protect your position at every stage, and giving you the best chance of a positive outcome.