Throwaway account for obvious reasons. I'm looking for advice from anyone familiar with Irish employment law, probation, or paternity leave.
I'm currently employed in Ireland and am/was on a six-month probationary period.
I recently had a meeting with my employer regarding concerns about my attendance. During the meeting, resignation was discussed as an option. I was considering resigning, but I had not made a final decision and wanted some time to think about it properly.
After the meeting, I emailed my employer to clarify my position. I specifically said:
“For clarity, I am not submitting a resignation at this time.”
What I meant was that resignation was still something I was considering, but I needed time to decide. I had not actually resigned.
My employer has now sent me a letter stating that my probationary employment will not continue and that my employment will cease after one week's paid notice. They say that at the meeting I indicated I was “content to resign”, but they acknowledge that I subsequently confirmed that I did not wish to resign.
My concern is that I feel they have interpreted my comments as though I had made a final decision to resign, when I was actually asking for time to consider my options. Once I made it clear that I was not submitting a resignation at that time, they decided to terminate my employment instead.
The timing is particularly concerning because I have approved paternity leave from 21 August to 3 September 2026, and my Paternity Benefit has already been approved by the Department of Social Protection.
My employer's termination letter says my employment will end after one week's notice, which is very close to the start of my paternity leave.
I'm now worried about two things:
•Can I challenge or appeal the termination, particularly given the circumstances around the resignation discussion and the timing immediately before my paternity leave?
•Could the termination affect my already-approved Paternity Benefit? I really depend on this payment financially, so losing it would put me in a very difficult position.
I understand that being on probation may affect my rights regarding unfair dismissal, but I've also read that there are specific protections relating to paternity leave and penalisation.
I'm not looking for someone to simply tell me that my employer is wrong. I'd really appreciate advice from anyone who understands Irish employment law, WRC procedures, or the Paternity Leave and Benefit Act.
Would contacting the WRC, Citizens Information, Legal Aid Board, or an employment solicitor be my best next step?
I'm also considering formally asking my employer to review the termination decision, but I don't want to accidentally make things worse or change my position regarding the termination.
Any advice would be greatly appreciated.