Founders, small business owners, and employers hiring new staff in Ireland should read this article to navigate probation periods correctly and avoid litigation risks.
They will learn essential legal requirements, day-one protections, how to structure clauses, conduct fair procedures, extend probation legally, and sidestep common pitfalls highlighted for founders.
Key Takeaways
Probation reduces procedural burden for dismissal but does not remove employment law protections, which apply from day one.
Employees protected immediately from dismissal for pregnancy, whistleblowing, union activity, statutory rights, or discrimination.
Valid probation requires clear written contract clause including duration, performance condition, notice, and extension rules; max 6-12 months.
Fair procedures still apply: raise concerns early, formal meeting, response chance, written decision, appeal.
Common mistakes include no formal review, late concerns, no meeting, using probation to cover protected dismissals.
Laura Ryan is a practising Barrister at the Bar of Ireland. She graduated from the Honourable Society of King’s Inns in 2024, having previously qualified and practised as a Chartered Accountant in a big four accounting firm.
A probation period gives a defined window, typically three to six months, to assess if a new hire fits the role. It reduces procedural burdens for dismissal compared to permanent employees, allowing shorter, less formal processes. However, it does not disapply employment law; protections apply from day one.
What are employees protected from during probation?
From day one, employees cannot be dismissed for pregnancy or maternity reasons, protected disclosures (whistleblowing), trade union membership or activity, exercising statutory rights like parental leave, or discrimination based on race, gender, age, disability, or other protected characteristics.
What does a valid probation clause look like?
A valid clause must be in the written contract, stating duration, that employment is subject to satisfactory performance, applicable notice period (shorter ok), extension possibilities, and assessment/review process. Verbal agreements lack weight. Limited to six months, extendable to 12 in exceptions.
Can you extend a probation period?
Yes, if the contract permits it expressly. Notify in writing before original end, explain reasons like performance concerns, schedule review with targets. Total cannot exceed 12 months. Unilateral extension without basis risks issues at WRC.
What fair procedures are required during probation?
Even in probation, identify concerns early, hold formal meeting with notice, allow employee response, issue written decision with reasons, offer appeal. Process shorter than full disciplinary but must exist. Mid and end reviews create protective paper trail.
