What is a probation period? (probationary period meaning)

A probation period is a defined timeframe at the start of employment to assess a new hire’s performance, conduct, and overall fit. It should be set out in the contract of employment and used to check competence, confirm that interview expectations match reality, and decide whether the role and person are a good long-term match.

Typical reasons for using probation include confirming skills, checking performance against the CV and interview, and evaluating cultural fit.

How long should a probation period be in Ireland?

The duration and conditions should be stated in writing. Current guidance on the site notes probation should generally be proportionate to the contract length and not exceed six months unless justified (for example, extended absence), with an overall maximum referenced as up to eleven months in certain circumstances.

Note on wording across pages: One page also references “no longer than 12 months” in the context of exclusions under the Unfair Dismissals Acts. The more recent guidance on the site emphasises shorter, proportionate lengths and limited extensions. Where your contract or policy differs, take advice and follow the most up-to-date internal documents.

Can we extend a probation period? If so, when?

• Extensions should be allowed only if the contract or policy provides for them, and the intention to extend must be confirmed before the original period ends.
• Any extension should be reasonable and proportionate to the circumstances, with the overall maximum referenced on the site as up to eleven months.

Does absence pause the probation clock?

It is advised to include a clause that pauses probation where an employee is absent for an extended period (commonly four consecutive weeks or more), so the assessment reflects actual time worked.

What practical process should we follow? (probation advice)

Treat probation as an active, structured process. Schedule reviews (ideally mid-point and near the end), give clear feedback, document discussions and decisions, and keep records in case of queries or disputes.

Mid-point and end-of-probation reviews

• Set expectations at the start and measure against them.
• Use review meetings to address gaps early and agree next steps.

Performance issues: support or termination?

• Provide reasonable support such as training, mentoring, or a short performance improvement plan (PIP).
• If standards are not met, you may extend probation (if the contract allows) or terminate, but you must still follow fair procedure and natural justice.

What rights apply during probation?

Employees may not have the full disciplinary process during probation where this is clearly set out in policies, but fair procedures still apply. Always allow the employee to respond to concerns before decisions are made.

Unfair Dismissals Acts and probation

The Unfair Dismissals Acts 1977–2015 generally apply after one year’s service. A page on the site notes that an employee can be excluded from protection under these Acts during probation where the period is specified in writing, does not exceed the page’s referenced maximum in that context, and the dismissal is not for discriminatory reasons. Separately, a dismissal during probation may be challenged under the Industrial Relations Acts based on the process followed.

Equality and other protections during probation

Even during probation, decisions must not be based on prohibited grounds (for example pregnancy, family leave, or trade union membership). Apply policies consistently to reduce legal risk.

How to document a fair probation decision

• Keep a written record of goals, feedback given, supports offered, review outcomes, and the final decision.
• If terminating, give the reason in writing and ensure the process used is clear and proportionate.

Frequently asked: Can we terminate during probation?

Yes, termination can occur during probation where fair procedures are followed and the reason is lawful and documented. Remember that while the full disciplinary policy may not apply, basic fairness and the right to respond still do. Provide the reason in writing.