Probation periods in Ireland: best practice
Reviewed by Mellow Editorial Team, HR & payroll content team
Probation periods in Ireland give employers a structured opportunity to assess a new hire, and employees a chance to settle into a role before either side makes a long-term commitment. Used well, they protect both parties; used poorly, they create legal risk and damage trust.
What the law actually says
There is no single piece of legislation that defines a probation period, but several laws are relevant.
The Employment (Amendment) Act 2023 introduced important changes. Probation periods are now capped at 12 months for most employees. In exceptional circumstances — where the employer can objectively justify it — a period of up to six additional months may be applied, bringing the maximum to 18 months. This was a significant change from the older, looser practice of rolling probations indefinitely.
The Unfair Dismissals Acts apply to employees with 12 months of continuous service. Employees on probation who are dismissed before reaching that threshold have limited unfair dismissal protections, but this does not mean they have no rights. Other employment rights apply from day one: minimum wage, working time rules, equality protections, and the right not to be dismissed for protected reasons such as pregnancy or trade union membership.
The Transparent and Predictable Working Conditions Regulations also give employees the right to request a more stable contract after a certain period. Be aware of these rights when managing longer probations.
How to set one up properly
Put the probation terms in the contract of employment. The clause should state the length of the period, the notice entitlement during probation (which can be shorter than the standard notice period, subject to the statutory minimum), and what happens at the end — does it convert automatically to permanent employment, or is there a formal review?
A common gap employers leave is writing a probation clause but never reviewing it. The clause means very little if no one checks in with the employee, sets expectations, or documents performance.
Align your probation length with the complexity of the role. A junior administrative role may be assessable within three to six months. A senior hire with a longer ramp-up may warrant a longer period, up to the 12-month cap. Defaulting to 12 months for every role without thought is not best practice.
Running the probation in practice
Set clear objectives at the start. The employee should know what good performance looks like, not just their job title and duties. These do not need to be elaborate — a short written summary of key expectations for the first three, six, and twelve months is enough.
Conduct formal check-ins. Mid-probation reviews matter. If you wait until month eleven to raise concerns that existed in month two, a tribunal or the Workplace Relations Commission (WRC) will want to know why you waited so long. Document these reviews — a brief written note agreed by both parties is sufficient.
Give honest feedback. The most common employer mistake is avoiding difficult conversations during probation and then dismissing someone without warning at the end. Courts and the WRC expect employers to have told the employee what the problem was and given them a reasonable opportunity to improve.
If you decide to extend a probation, do so within the legal cap and explain the reason to the employee in writing. An extension should not come as a surprise.
Ending a probation — including dismissal
If a probation review leads to a decision not to retain an employee, follow a fair process regardless of the unfair dismissals threshold. Give the employee notice as specified in their contract (or statutory minimum, whichever is higher). Hold a meeting, explain the reasons, and allow the employee to respond.
Employees dismissed during probation can still bring claims under equality legislation, the Protected Disclosures Act, or the Maternity Protection Acts — none of which require a minimum service period. A procedurally fair process is your best protection.
If the probation concludes positively, confirm the outcome in writing. A brief letter or email confirming the employee has passed probation and their employment continues on a permanent basis avoids any ambiguity later.
Payroll and HR admin during probation
From a payroll perspective, there is nothing different about an employee on probation. PRSI Class A contributions apply, income tax and USC are deducted in the normal way, and Revenue expects real-time payroll submissions on or before each payday via ROS. Annual leave accrues from the first day of employment — the statutory entitlement of 4 working weeks applies in full, and probationary status does not suspend this.
Pension auto-enrolment under the My Future Fund scheme is being introduced from 2026. Employers should factor in whether probationary employees will be enrolled and how that interacts with any existing occupational pension scheme they operate.
Getting probation right is largely an exercise in communication and documentation — clear expectations, honest feedback, and a written record at each stage.
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