Probation periods in Ireland: a guide for employers

Probation in Ireland is limited by law to six months for most employees, and it can run longer only in limited cases, up to 12 months in total. An employee dismissed during probation usually cannot claim under the Unfair Dismissals Acts because of the 12 month service rule, but several types of claim need no minimum service. The position below is as of October 2026.

How long probation can last, and when it can be extended

The European Union (Transparent and Predictable Working Conditions) Regulations 2022 (S.I. No. 686 of 2022) transposed EU Directive 2019/1152 and, according to the Workplace Relations Commission (WRC), became law on 16 December 2022. They added section 6D to the Terms of Employment (Information) Act 1994, which says a probationary period shall not exceed 6 months. For public servants the limit is 12 months.

Section 6D allows longer in two situations:

• Exceptional basis. Probation may run past 6 months where the total does not exceed 12 months and the longer period would be in the interest of the employee.
• Absence. Where the employee is absent on certain statutory leave, such as maternity, parental, carer's or statutory sick leave, the employer extends probation by the length of the absence.

On a fixed term contract, the Regulations say probation must be proportionate to the contract's expected length and the nature of the work, and a renewal for the same role cannot carry a new probation.

What the contract must say

The WRC lists the duration and conditions of any probationary period among the core terms that must be given in writing within five days of starting. Beyond that minimum, we recommend that the clause states:

• How long probation lasts and the date it ends
• The standards expected and when reviews will happen
• That any extension is confirmed in writing, with the reason and the new end date
• The notice that applies during probation

How to run probation reviews

The Regulations set a time limit, not a review process, so set your own. A workable pattern for a six month probation:

• Week one. Explain the standards and how they will be measured.
• Months one, three and five. Hold a short review and share a written note of it.
• Where there is a concern. Give examples, say what must improve and by when, and offer support or training.
• Before the end date. Decide, and confirm the outcome in writing.

Notice during probation

The WRC says an employee with at least 13 weeks of continuous service is entitled to statutory minimum notice, which is one week for service from 13 weeks to two years. Below 13 weeks there is no statutory minimum, so the contract decides. A contract can give more notice than the statutory minimum but not less. Pay in lieu of notice can be accepted, and the Acts do not affect dismissal without notice for misconduct.

Can an employee on probation claim unfair dismissal?

Usually not, but there are exceptions. Citizens Information says an employee normally needs at least 12 months of continuous service to claim under the Unfair Dismissals Acts. That rule does not apply where the dismissal is for:

• Trade union membership or activity
• Pregnancy, giving birth, breastfeeding or connected matters
• Using rights to maternity, adoptive, paternity, parental, parent's, carer's or force majeure leave, or to the national minimum wage
• Making a protected disclosure

Other routes need no minimum service. Citizens Information says a dismissal based on one of the nine discrimination grounds may be brought as a discriminatory dismissal. The WRC says an employee with less than 12 months of service who believes the dismissal was unfair may take a claim under section 20(1) of the Industrial Relations Act 1969. The Labour Court says the worker must agree in advance to accept its recommendation, which the WRC notes is not legally binding on the employer.

Fair procedure

Citizens Information says an employee dismissed during probation for misconduct has a right to natural justice, meaning due process and fair procedures. It says this right does not generally apply to a dismissal for poor performance, particularly where the contract expressly allows for it.

We recommend a fair process in every case, because Citizens Information links the Labour Court route to dismissals where fair procedures were not followed. The WRC Code of Practice on Grievance and Disciplinary Procedures (S.I. No. 146 of 2000) sets out the principles: put the concerns to the employee, let them respond, allow them to be represented and decide impartially. Confirm the decision and the notice in writing, and offer an appeal.

Common mistakes

Check your own practice against this list.

• Writing a probation longer than six months into a standard contract
• Leaving probation out of the written terms due within five days
• Extending by default, with no written reason tied to the employee's interest
• Holding no reviews and keeping no notes
• Ignoring notice near the 12 month mark. Citizens Information says the date of dismissal under the Unfair Dismissals Acts is the date notice expires
• Assuming no claim is possible in the first year

FH Recruitment's HR consultancy can draft the probation clause, set up reviews and, where a dismissal is heading to the WRC or the Labour Court, prepare the employer and the paperwork alongside the employer's solicitor. Scope, fee and timings are agreed in writing before any work starts. This is general information, not legal advice.

Sources

All checked on 6 October 2026.

• S.I. No. 686 of 2022 and section 20 of the Industrial Relations Act 1969, irishstatutebook.ie
• Workplace Relations Commission: pages on the 2022 Regulations, terms of employment, minimum notice and dismissal, and its grievance and disciplinary Code of Practice
• Citizens Information: Contract of employment (edited 10 August 2026) and Unfair dismissal
• Labour Court: guidance on direct referrals under section 20(1)