Insights

Bar One Racing – Unfair Dismissal and Procedural Failures

Respondent: Bar One Racing (bookmaker firm)
Complainant: Unnamed employee
Decision Date: June 2025
Award: €2,700 compensation
Legislation: Unfair Dismissals Act 1977
Key Issue: Gross breaches of fair procedure in dismissal process

WRC Findings

The Workplace Relations Commission (WRC) issued a damning verdict against Bar One Racing, describing the dismissal as procedurally flawed to a rare and extreme degree.

“It is rare to encounter a case where there was such a complete repertoire of gross breaches of fair procedure and of a worker’s rights.”

The decision didn’t focus solely on the reason for dismissal, but on how it was carried out — with total disregard for due process and the employee’s legal entitlements.

Key Failings by the Employer

  1. No disciplinary procedure followed – no fair investigation, no opportunity to respond.
  2. Failure to communicate grounds for dismissal in writing or verbally.
  3. No right to representation or appeal offered to the employee.
  4. Lack of documented warnings or performance management.
  5. Disregard for natural justice and minimum statutory protections.

Despite the modest financial award of €2,700, the language of the WRC decision sends a strong warning to employers about procedural non-compliance.

HR Takeaways from Bloom Consultancy

Always Follow a Clear Disciplinary Process:

  • Investigate allegations fairly
  • Provide the employee an opportunity to respond
  • Allow representation
  • Provide written outcomes and appeals process

Document Everything:

  • Minutes of meetings
  • Outcome letters
  • Evidence gathered
  • Witness statements (if any)

Remember: Even Small Awards Damage Reputation:

  • The reputational impact of WRC criticism may outweigh the financial penalty

Procedural Fairness = Legal Defence:

  • Even when misconduct exists, a dismissal can be overturned if process is flawed

No Exceptions for Size or Industry:

  • All employers, large or small, are expected to meet minimum employment law standards

Bloom Consultancy Tip:

“A flawed process can turn a fair reason into an unfair dismissal. Always get advice before terminating employment.”

This article is based on public decisions of the Workplace Relations Commission and reported case summaries from Irish media sources. It is intended as a commentary on HR compliance issues relevant to employers and HR professionals in Ireland.