What is Probation Period?

A probationary period is a specified length of time, usually stipulated in the contract of employment. Where an Employer assesses the new employee’s suitability for the position. It is customary for Employers to have a probationary period at the beginning of an employees’ career within his/her business. This action can be taken for several reasons, such as:

  • Ensure the employee is competent for the role
  • Check if the employee’s actual performance matches their CV/interview
  • Make sure the role will be filled by a suitable employee long term
  • Find out if the employee is a ‘right fit’ for the organisation

Can I extend my employee probationary period?

Usually, during the probationary period, an employee’s work performance and suitability for the role will be assessed. If not, Employers may take remedial action or terminate the employment.

Remedial action can include implementing performance improvement plans and/or extending the probationary period further (if the contract of employment allows for the latter). If at this stage, the employee did not reach the required standards, the Employer has the option of termination.

Please note, if the Company wishes to extend the probationary period, they must do so before the probationary ends. This cannot be done afterwards.

How can I terminate the probation period?

An employee who has under 12 months service does not have access to the Unfair Dismissals Act 1977 – 2015.  However they would have the option to challenge a termination under the Industrial Relations Act for wrongful dismissal.

If the employee was to challenge a dismissal under this Act, the claim would be heard on the basis of the process followed. For this reason it is important that a process is always followed when terminating any employee. In other words, this applies even to an employee who is in a probationary period, as this can also be challenged under this Act, however the process is very short. Therefore, the employment can be terminated. However in all cases the employee must always be given a reason that they are being terminated, in writing.

Our HR Advisors can guide you through the correct process when terminating an employee during their probationary period. Request a call back by filling the form below: