Jurisdiction(s):
Ireland

Republic of Ireland: Disciplinary and misconduct investigations – legal framework, fair procedures, investigator selection, suspension, representation, sanctions, appeals and data protection

Published by a Lexis+ Ireland - Employment expert

Practice notes

This ‘How to’ guide explains how to run a disciplinary or misconduct investigation in Ireland. When a suspected misconduct matter emerges at work, the initial step is to examine the issue, establish the facts, and decide on an appropriate employer response. Doing so enables the employer to act fairly and reduce the likelihood of unfair dismissal claims.

The purpose of a disciplinary investigation

A disciplinary investigation seeks to clarify the facts and context surrounding an allegation of misconduct against an employee. It serves two main aims:

to collect, in a fair and impartial way, all evidence and records relevant to the allegation
to advise whether the issue should proceed to disciplinary action under the employer’s formal disciplinary procedure

Legal considerations and implications

Those advising in this field may find it useful to consult:

Article 40 of the Constitution of Ireland
Section 14 of the Unfair Dismissals Act 1977 (Ireland) (UDA 1977 (IRL)) (as amended)
SI No 146/2000 Industrial Relations Act, 1990 (Code of Practice on Grievance and Disciplinary Procedures)...

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Dr Eddie Keane , LLB LLM PhD

University of Limerick

Eddie Keane completed his LLB in Law in 2003, his LLM in European and Comparative Law in 2005 and his PhD (on the topic of Regulating Irregular Work) in 2025.Since 2008, Eddie has worked with the University of Limerick Law School, initially as a Teaching Assistant, before becoming a permanent member of faculty in 2010. Eddie’s primary research area is employment regulation and his research is published in leading Irish and international law journals. Eddie has presented at national and international conferences and is a regular contributor to media outlets, including local, national and international radio.Having held a variety of directorship roles in the School of Law at the University of Limerick, Eddie is currently its Director of International Education....

Web page updated on 22/05/2026

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