Managing Probation Periods: A Round-up of Recent Resources (March 2021)

Posted in : Supplementary Articles ROI on 15 March 2021
Legal Island
Legal Island
Issues covered: Probation, probationary periods

Managing probationary periods is a hot topic in for HR professionals in Ireland. We've rounded up the most recent articles and webinar recordings published on the Irish Employment Law Hub in 2021.


Managing Probation Periods

In this webinar recording, Caroline McEnery discusses the management of probationary periods and the implications of recent case law including consideration of the following questions:

  • What should a probationary clause contain?
  • How often should performance be assessed/discussed during probation?
  • What happens if an employee is sick during a probationary period?
  • Can we discipline an employee during a probationary period?
  • What is good practice in managing probationary periods?
  • Can probationary periods be shortened as well as lengthened?
  • Dismissing during and after a probationary period.

The Employment Law Cheat Sheet to Probation

In the first of a new series of articles from Patrick Walshe, Partner in Employment and Pensions at Philip Lee, Patrick tackles the ever-popular issue of probationary periods.

In this extremely helpful article Patrick addressed the key questions often asked about probationary periods, such as, how long they should be, what should be included in a probationary clause, etc. The article includes a checklist to help review your probationary clauses.

Probationary Periods and Fair Procedures - Implications of the O’Donovan Case

In this short video, Duncan Inverarity, Head of A&L Goodbody's Employment Law Group, discusses the background to, and implications of the recent Court of Appeal decision in the case of Donal O’Donovan v Over-C Technology Limited and Over-C Limited [2021] IECA 37 for probationary clauses and practice. 

First Tuesday Q&A: Probation

As the implications of the recent O’Donovan case which dealt with probation and dismissal percolate through the employment arena, Aoife Clarke, Associate Solicitor with A&L Goodbody addresses a few complex, but frequently asked probationary queries including:

  • What should be contained within a probationary clause in a contract of employment?
  • What should an employer do if after two months, and while on probation, an employee goes on sick leave?
  • Is an employee entitled to sick pay if they go on sick leave while on probation?
  • An employer wishes to terminate an employee at the end of their probation period but the employee brings to the employer's attention that they have a disability, are there particular risks that an employer should be aware of?
  • What happens if an employee is still within their probationary period but is placed on a period of lay off?

Terminating during probation – Significant Judgement from Court of Appeal Restores Balance

Deirdre Malone discusses the implications of the Court of Appeal’s decision in O’Donovan v Over-C Technology Limited and Over-C Limited [2021] for dismissal of employees during probation. 

How To: Properly Manage Probationary Periods

People Management and Employee Relations expert Dr Gerry McMahon discusses the vexed issue of Probationary Periods and how to properly manage the issue.

5 Top Tips: Probation, Unfair Dismissal & The Industrial Relations Act, 1969

Caroline McEnery provides 5 Top Tips on Probation, Unfair Dismissal & The Industrial Relations Act, 1969 for Irish employers.


This article is correct at 15/03/2021

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.

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