Probation reviews that actually work in Ireland
Reviewed by Mellow Editorial Team, HR & payroll content team
Probation reviews done well protect the employer, support the new hire, and avoid the awkward situation where someone reaches their six-month mark and both sides are surprised by the outcome. Here is how to run them properly.
What Irish employment law says about probation
There is no single piece of legislation that dictates exactly how probation must be run, but several laws create obligations you need to work around.
The Employment (Miscellaneous Provisions) Act 2018 requires you to give employees a written statement of five core terms within five days of starting — including the expected duration of a probationary period. The Work Life Balance and Miscellaneous Provisions Act 2023 capped probation at six months for most employees, with a possible extension to 12 months in genuinely exceptional circumstances (where the role is particularly senior or complex, for example). You cannot simply roll probation on indefinitely to avoid making a decision.
Unfair dismissal protection under the Unfair Dismissals Acts generally does not apply during probation, provided the contract makes this clear and the dismissal genuinely relates to performance or conduct. That protection kicks in at 12 months of continuous service, so if you extend probation beyond six months and then dismiss, you are in a narrower window than many employers realise. Get advice before dismissing anyone in an extended probation.
Set expectations before the review happens
A probation review should never be the first time an employee hears that something is not working. The review meeting is a formal checkpoint, not the moment you introduce problems.
At the start of employment, document what success looks like. This does not need to be elaborate — a short list of role-specific expectations, agreed behaviours, and any measurable targets is enough. Share it with the employee and keep a copy.
Schedule at least two structured check-ins before the end of probation: a light-touch conversation around week four to six, and a more formal mid-point review. This gives you an evidence base and gives the employee a fair chance to course-correct. It also makes the final review less of a surprise for everyone.
Running the review meeting itself
Keep it structured. A useful format:
1. Review agreed expectations. Go back to what was set out at the start and go through each point specifically. What has gone well? Where have there been gaps?
2. Give the employee space to speak. Ask how they feel they are settling in, whether they have what they need, and whether anything has been unclear. Probation is two-directional — you are assessing them, but they are also assessing you.
3. Address any concerns directly. If there are performance or conduct issues, name them plainly. Vague comments like "just needs to bed in more" do not constitute fair warning if you later decide to dismiss. Be specific about what needs to change and by when.
4. Confirm the outcome in writing. Whether you are confirming the employee in their role, extending probation, or ending employment, put it in writing the same day or the next morning. An email is fine; a short letter is better.
Extending probation: when and how
You can extend probation beyond six months only in genuinely exceptional circumstances, and only up to 12 months total. If you are considering an extension, ask yourself whether the issue is a real performance concern that needs more time to resolve, or whether you are just avoiding a difficult conversation.
If you do extend, the extension must be communicated in writing before the original probation end date. State the reason, the new end date, what the employee needs to demonstrate, and what support you will provide. An extension without a clear improvement plan is legally weak and practically useless.
Ending employment during probation
If you decide not to retain someone, act before the probation period ends. Check the contract for any notice entitlement — statutory minimum notice under the Minimum Notice and Terms of Employment Act 1973 applies from day one, even during probation, once the employee has 13 weeks' service.
Hold a meeting, explain your reasons clearly and honestly, and confirm the decision in writing. Even where unfair dismissal protections do not apply, an employee can still bring a claim for wrongful dismissal (breach of contract) or under other legislation — for example, if the dismissal relates to a protected characteristic under equality law. Document everything.
The paper trail matters
From a payroll and HR records perspective, keep a clear timeline: the original offer letter with probation terms, any mid-point review notes, the final review outcome letter, and records of any warnings given during probation. If a dispute arises later, this documentation is your evidence.
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