A probation period in Ireland does not give employers a free pass to dismiss without process. These seven common mistakes expose Irish SMEs to WRC claims, financial penalties, and operational disruption Read more
Most Irish employers assume that a probation period in Ireland gives them a clean exit route if a new hire does not work out. The thinking goes: “They are on probation, so we can let them go without any risk.” This belief is widespread, and it is wrong. The Workplace Relations Commission (WRC) has repeatedly found against employers who dismissed employees during probation without following a fair process. Getting probation wrong does not just cost time; it costs money.
A probation period does not suspend an employee’s rights. Employers in Ireland must still follow fair procedures, provide written reasons for ending probation, and comply with statutory notice requirements. Failing to manage probation correctly exposes employers to WRC claims for unfair dismissal, payment of wages breaches, and more.
This is the single most common mistake we see at PurpleTree HR. An employer hires someone, includes a six-month probation clause in the contract, and then assumes they can simply end the employment at any point during that window with no procedure at all.
The reality is more complicated. While the Unfair Dismissals Acts 1977-2015 generally exclude employees with less than 12 months’ continuous service from bringing unfair dismissal claims, this does not mean employers are free from scrutiny. Employees on probation can still bring claims under other legislation, including the Industrial Relations Acts, the Employment Equality Acts, and the Payment of Wages Act 1991.
The WRC has consistently held that natural justice applies regardless of service length. That means an employee on probation is still entitled to be told what the concern is, given a chance to respond, and treated fairly. Skipping this process is where employers get caught.
Since the European Union (Transparent and Predictable Working Conditions) Regulations 2022 took effect in December 2022, private sector probation periods are capped at six months. An employer can extend probation beyond six months only in exceptional circumstances, and even then only where the extension is in the employee’s interest. The total cannot exceed 12 months.
We regularly review employment contracts for clients through our strategic HR consulting service and still find probation clauses written before 2022 that specify nine or even twelve months as standard. These outdated terms create an immediate compliance risk. If a dispute arises, the WRC will look at the contract and note the non-compliant clause, which undermines the employer’s credibility from the outset.
Public sector employees have a different ceiling of 12 months, but for the vast majority of SMEs, six months is the line.
A probation period only works if it is actively managed. Too many employers treat it as a passive waiting period: hire the person, leave them to it for five months, then panic when things are not working out.
The WRC expects to see evidence that the employer engaged with the employee during probation. That means documented check-ins, clear feedback on what is going well and what needs to improve, and a genuine opportunity for the employee to meet expectations. Without this trail, an employer who dismisses at the end of probation looks like they made an arbitrary decision rather than a considered one.
This is one of the areas where we add the most value for our clients. Through our HR Essentials service, we build probation review frameworks that create the right documentation at the right intervals, so employers are protected if things do not work out.
An employee on probation still accrues annual leave from day one under the Organisation of Working Time Act 1997. They are entitled to statutory notice (one week after 13 weeks of service) under the Minimum Notice and Terms of Employment Acts 1973-2005. They are protected against discrimination under the Employment Equality Acts from their first day.
A situation we see frequently is an employer who lets someone go during probation and pays no notice because “they were only on probation.” If that employee has passed 13 weeks of service, they are owed at least one week’s notice, or payment in lieu. Overlooking this creates a straightforward Payment of Wages claim at the WRC.
Similarly, since the Sick Leave Act 2022 took effect, statutory sick pay entitlements apply based on service and qualifying criteria. Probation does not create an exemption.
Some employers mention probation verbally during the interview or onboarding process but fail to include it in the written contract of employment. Without a written clause, the employer has no contractual basis for the probation period, and the protections they think they have simply do not exist.
The Terms of Employment (Information) Acts 1994-2014 require employers to provide written terms within five days of commencement. Those terms should include the duration and conditions of any probation. If an employer then tries to dismiss someone “on probation” but cannot point to a contract that establishes the probation, the WRC will take a dim view.
When we guide clients through onboarding, contract drafting is one of the first things we address. A well-drafted probation clause sets the foundation for everything that follows.
Some employers extend probation automatically as a precaution, without any documented reason. This is risky. The 2022 Regulations allow extension only in “exceptional circumstances” and only where the extension is objectively justified and in the employee’s interest (for example, where the employee was on extended leave during the initial period and did not get a full opportunity to demonstrate their capability).
A blanket extension because the employer “has not had time to assess” the employee, or because it is “company policy” to extend everyone, does not meet this threshold. If challenged, the employer would need to show why the specific circumstances were exceptional.
In our experience advising employers across Ireland, this is an area where getting the paperwork right matters enormously. A one-paragraph letter confirming the extension with reasons is the difference between a defensible position and a vulnerable one. Our employment advice team handles these communications for clients regularly.
There is an important distinction between ending probation due to capability (the employee cannot do the job to the required standard despite support) and ending it due to conduct (the employee did something wrong). Employers often blur the two, and this causes problems.
If the reason for dismissal is actually a conduct issue, the WRC will look for evidence of a disciplinary process, even during probation. SI 146/2000, the Code of Practice on Grievance and Disciplinary Procedures, applies to all employees. A conduct-related dismissal during probation that bypasses any investigation or hearing is exactly the type of case that generates a successful WRC claim under the Industrial Relations Acts.
When our clients face this situation, we help them distinguish between a probation review (performance-focused) and a disciplinary process (conduct-focused), and we manage whichever procedure applies.
Employers who mishandle probation face more than just WRC claims. There is the cost of recruiting a replacement, the disruption to teams, and the reputational risk of being named in a WRC decision. Awards under the Industrial Relations Acts and the Employment Equality Acts are uncapped, meaning the financial exposure can be significant even for a short-service employee.
Beyond the financial risk, there is the time cost. A WRC complaint means gathering documentation, preparing submissions, and attending hearings. For SME owners and managers, that is time taken away from running the business. Having the right processes in place from the start avoids this entirely.
Probation looks simple on paper. In practice, it involves contract drafting, review scheduling, documentation, legal compliance across multiple pieces of legislation, and the ability to handle a dismissal fairly if it comes to that. This is exactly the kind of process where having specialist HR support pays for itself.
Our team at PurpleTree HR designs and manages the full probation cycle for employers: compliant contract clauses, structured review templates, documented feedback processes, and if needed, fair exit procedures that protect the business. If you are hiring in 2026 and relying on probation to manage risk, make sure the process behind it is solid.
Talk to our team about getting your probation process right before your next hire.
No. While employees with less than 12 months’ service generally cannot bring unfair dismissal claims, they can bring claims under Industrial Relations legislation, Employment Equality legislation, and the Payment of Wages Act. The WRC expects employers to follow fair procedures regardless of service length.
For private sector employees, probation is capped at six months under the 2022 Transparent and Predictable Working Conditions Regulations. It may be extended beyond six months only in exceptional circumstances, up to a maximum of 12 months. Public sector probation can last up to 12 months. For more detail, see workplacerelations.ie.
Yes. Annual leave accrues from the first day of employment under the Organisation of Working Time Act 1997. Probation does not delay or suspend this entitlement.
If the employee has been employed continuously for 13 weeks or more, they are entitled to at least one week’s statutory notice under the Minimum Notice and Terms of Employment Acts. Any notice period specified in the contract may also apply.
This article is for general informational purposes only and does not constitute legal advice. Employment law is complex and fact-specific. For advice on your specific situation, contact the PurpleTree HR team directly.
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