Michael's Story: Finding Justice After an Impossible Return to Work
Constructive dismissal and workplace bullying claim settled
Michael had worked as a project manager in Galway for over five years with no performance issues. His managers rated him highly, and he'd received regular bonuses and positive feedback during annual reviews. Then he took three months off work for a serious health condition. His GP confirmed he needed rest, and his employer accepted his leave without question. When Michael was medically cleared to return, he felt nervous but hopeful—his company had always treated him fairly.
Within days of returning, everything changed. Michael was called into a meeting and placed on a formal performance improvement plan (PIP). The targets he was given were not just challenging—they were, frankly, impossible. He was expected to complete twice the usual workload with no additional support, meet deadlines that contradicted each other, and attend extra training sessions on top of his regular duties. When he raised concerns, his new manager dismissed them, telling him he "should be grateful to have a job." Previous colleagues stopped speaking to him. His work was scrutinised far more heavily than anyone else's, and minor mistakes were treated as serious failures. Within weeks, it became clear that the PIP wasn't a genuine attempt to help him improve—it was designed to force him out.
Michael began documenting everything. He saved emails, noted conversations, and kept a diary of events. He spoke to his GP, who noted the impact the stress was having on his health. After six weeks of this treatment, Michael realised he couldn't continue. The environment had become so hostile that staying felt impossible, even though he hadn't been formally dismissed. He resigned, citing constructive dismissal and workplace bullying. His former employer disputed his claim, but when Michael's solicitor reviewed the evidence—the impossible targets, the sudden change in treatment after his return from sick leave, the change in manager's behaviour, and the complete lack of prior performance concerns—the strength of his position became clear. The company eventually settled the claim.
What the Law Says
Irish employment law protects workers from constructive dismissal, which happens when an employer treats an employee so badly that they have no real choice but to resign. This includes creating a hostile work environment, making role impossible, or treating someone unfairly based on protected grounds like recent illness. Workplace bullying—repeated, unreasonable behaviour directed at a worker that creates a risk to health and safety—is also unlawful. If an employer places someone on a performance plan immediately after they return from legitimate sick leave, with targets that are clearly unachievable, and with a sudden change in management behaviour, a tribunal may find this constitutes constructive dismissal and bullying, especially if there's no genuine prior performance concern.
Time Limit: Constructive Dismissal Claims
You have two years from the date you resign to bring a constructive dismissal claim in the Workplace Relations Commission. This deadline is strict. Keep all evidence—emails, messages, notes of conversations, medical records, and documents relating to your performance plan—dated and organised. If you're considering resigning due to bullying or impossible working conditions, speak to a solicitor before you go, if you can, to understand your rights and strengthen your position.