A probation period is a period of time at the beginning of a permanent contract of employment that gives an employer the opportunity to assess whether their new employee is capable, reliable and suitable for the job. It also gives the employee the opportunity to assess their suitability and interest in the position at hand.
How long is the Probationary Period?
The standard period of probation is 6 months. This period may be extended in exceptional circumstances if it is in the interest of the employee to do so, or where the employee has been on extended leave during their probation period. Any extension should not exceed a total probation period of one year. During the probation period, either party may terminate the contract of employment at any time however notice has to be provided as set out in the contract of employment.
Contract of employment
Employers must provide the core terms of employment to employees, in writing, within 5 days of starting their job. It’s recommended however that this be provided to the employee prior to their start date. The core terms include the duration and conditions relating to the probation period. Employers must also provide a written statement of the remaining terms of employment within 1 month of the employee’s start date. This should include details regarding the probationary period.
Managing an employee during the probationary period?
- Provide a Structured Onboarding Process – Start with a clear and supportive onboarding plan. Provide necessary training, introduce team members, and outline expectations early on.
- Set Clear Goals and Milestones – Establish realistic, measurable objectives for the probation period. Documenting these makes it easier to evaluate performance fairly and objectively.
- Offer Regular Feedback – Don’t wait until the end of the probation period to share concerns. Schedule regular one-on-ones to provide guidance, encouragement, and constructive feedback.
- Document Performance – Maintain records of performance discussions, achievements, and any issues. This documentation is helpful for decision-making and for providing clarity to the employee.
- Be Transparent and Decisive – If a new hire isn’t meeting expectations, communicate this clearly and professionally. Provide a chance to improve, but also be prepared to make tough decisions if necessary.
Below is an example of the kind of questions employers could ask as part of a probation review:
- How do you feel everything has gone so far?
- What has been positive about your time with the company?
- What has been the biggest challenge to date?
- Do you need any support or training in your role?
- Have you any feedback for management?
- Agreed Actions – Employee
Holding regular reviews with the employee is reolcommended, for example having a 1, 3, and 5 month review, in addition to regular informal feedback and one to one meetings with the employee.
Dismissal during probation
If after actively managing the probation period with the employee, it’s clear they are unsuitable for the role or are not performing at the level required for the role, an employer can take the decision to end the employment contract.
Employees on probation are not protected by the Unfair Dismissals Act until they have completed 12 months of continuous service.
While the Unfair Dismissals Act might not apply, employers should still follow fair procedures when dismissing an employee, especially if the termination is due to alleged misconduct.
Other legislation, such as the Employment Equality Acts, the Industrial Relations Acts, and the Protected Disclosures Act, do not have minimum service requirements and can still be relevant during a probation period.
During probation, employees can still bring claims for unfair dismissal if they are dismissed for reasons like trade union membership, pregnancy, or making a protected disclosure.
Employers who are terminating a contract during a probation period due to misconduct, should be aware that the employee has a right to ‘natural justice’, which means due process and fair procedures.
Also, employees may be able to take a claim for ‘wrongful dismissal’ during the probation period even if they have less than 12 months service. Wrongful dismissal occurs when an employer does not meet an implied or an express term in the contract of employment, or does not give an employee adequate notice.
The best approach for employers is to manage the employee closely from day one, not to let performance or conduct issues go without clear and timely feedback, and approach the process in a fair and reasonable manner.
As a member of ISME you’ll find further details and resources in relation to managing probations on our website at https://isme.ie/members-area/hr-hub/onboarding/
