Your Probation Questions AnsweredPosted in : First Tuesday Q&A ROI on 2 March 2021
Following the recent Court of Appeal decision in the case of Donal O’Donovan –v- Over-C Technology Limited and Over-C Limited, probation is firmly back in the spotlight. This month we address a number of complex probationary scenarios:
1. What should be contained within a probationary clause in a contract of employment?
1.1 Employers should ensure that the probationary clause in their employment contracts provide for the following:
(a) Purpose: to monitor and assess the employee's suitability for the role;
(b) Duration: generally three to six months, depending on the role
(c) Extension: the possibility, at the employer's discretion, to extend the duration of the probationary
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More on Probation
- Managing Probation Periods: A Round-up of Recent Resources (March 2021)
- Managing Probation Periods
- Probationary Periods and Fair Procedures - Implications of the O’Donovan Case
- Terminating during probation – Significant Judgement from Court of Appeal Restores Balance
- C&W O’Brien Architects Limited v A Worker 
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.