Can probation extend beyond 12 months? Can we state that the disciplinary process does not apply during probation?

Posted in : First Tuesday Q&A ROI on 1 December 2015
Zelda Cunningham
Arthur Cox

Probationary periods are commonly put in place for an initial period of six months, with the option to extend up to a maximum period of eleven months. There must be provision in the contract to extend the probationary period to allow an employer to do so. Probationary periods, including the notice periods, should not exceed twelve months. The reason for this is that the Unfair Dismissals Acts 1977 to 2007 (as amended) do not apply to an employee who is dismissed whilst on probation, if the duration of the probationary period is one year or less.

It is common for employers to provide that

Already a subscriber?

Click here to login and access the full article.

Don't miss out, start your free trial today!

Are you fully aware of the benefits of Legal-Island's Irish Employment Law Hub? We help thousands of people like you understand how the latest changes in Irish employment law impact your business through a mix of case law analysis and in-depth articles. All delivered right to your inbox.

We help you to understand the ramifications of each important case from Ireland and Europe.

We help you ensure that your organisation's policies and procedures are fully compliant with Irish law.

You will receive regular updates on Irish employment law including case law reviews, legislative changes, topical updates as well as answers to your burning questions through our Q&A feature.

You will have 24/7 access to the Employment Law Hub so you can research case law and HR issues when you need to.

Already a subscriber, now or Start my free trial today
Back to Q&A's This article is correct at 01/12/2015
Disclaimer:

The information in this article is provided as part of Legal-Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article.

Zelda Cunningham
Arthur Cox

The main content of this article was provided by Zelda Cunningham. Contact telephone number is +353 1 618 0000 or email zelda.cunningham@arthurcox.com

View all articles by Zelda Cunningham