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
Issues covered:

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 their full disciplinary process will not apply to employees who are on probation. However, employers

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Back to Q&A's This article is correct at 01/12/2015

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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

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