Managing performance
Probation reviews in Ireland: a 3- and 6-month timeline, review form and legal notes
How to run probation reviews in Ireland: a six-month timeline with the three-month review at its centre, a review form to download, wording for the contract and for confirming, extending or ending probation, and the legal limits on probation and notice.
By the CLEAR Talent team17 min read
Key takeaways
- Since December 2022, probation in Ireland should not exceed six months. An extension must be exceptional, in the employee’s interest and no more than 12 months in total.
- Hold a documented review at three months. It is the last point with real time left to improve, so raise any concern there, in writing.
- Statutory minimum notice starts after 13 weeks’ service, at one week until two years. The contract can give more, never less.
- Probation lowers unfair dismissal exposure but does not remove it: discrimination claims and some dismissal grounds need no qualifying service.
Probation is where a performance problem is cheapest to solve and easiest to mishandle. In Ireland the rules changed in December 2022: probation is now limited to six months in most cases, an extension has to be exceptional, and the written terms must say how probation works. If your contract template or handbook is older than that, it may need updating.
This guide is for HR teams and managers in Ireland. It sets out a review timeline for a six-month probation, a review form to download, sample wording for the contract, the three-month review and each outcome letter, and the legal context from the Terms of Employment (Information) Act 1994 and the Minimum Notice and Terms of Employment Act 1973. It is general information, not legal advice: have a solicitor check the templates before you use them.
What a probation review is for
A probation review answers one question: has the new starter shown that they can do the job to the standard it requires? That is narrower than an annual review. You assess against what is reasonable at this point in a new role, not against an experienced colleague, and you use evidence from the probation period alone.
It is also a two-way check. A new starter who is struggling is sometimes missing information, training or support that was promised, and a review that asks what the organisation should do differently catches that while there is still time. Finally, the review is a record. If probation is later extended or employment ends, the review notes are what show that the employee knew where they stood.
Nothing said at the final review should be news to the employee.
The Irish rules on probation since December 2022
The European Union (Transparent and Predictable Working Conditions) Regulations 2022, S.I. No. 686 of 2022, amended the Terms of Employment (Information) Act 1994 from 16 December 2022 and put limits on probation for the first time. Taken with the other written-terms rules, the position in summary is:
- Six months as the limit
- A probationary period should not exceed six months.
- Extensions are the exception
- Probation can be extended only in exceptional circumstances, where the extension is in the employee’s interest, and the total cannot exceed 12 months.
- Fixed-term contracts
- Probation on a fixed-term contract should be in proportion to the expected length of the contract and the nature of the work. A renewed contract for the same role and tasks should not carry a new probationary period.
- Probation in the written terms
- Five core terms, including pay and expected hours, are due within five days of starting. The fuller written statement, due within one month, must give the duration and conditions of any probationary period, and the dismissal procedure must be given in writing within 28 days.
- Rights from the first day
- Probation does not suspend statutory rights. Equality law, the minimum wage and the working time and annual leave rules apply from the start, and minimum notice applies once the employee has 13 weeks’ continuous service.
Sample clause
Probation clause for the contract of employment
(a) Your employment is subject to a probationary period of [six] months, from [start date] to [end date]. During this period your manager will review your performance and suitability for the role, with formal reviews at around [three] months and before the end date.
(b) [Organisation] will confirm in writing, before the end date, whether your employment is confirmed. In exceptional circumstances, and where it is in your interest, the probationary period may be extended. You will be told in writing before the end date, with the reasons, and the total probationary period will not exceed 12 months.
(c) During the probationary period either party may end the employment by giving [one week’s] notice in writing, or the statutory minimum notice if that is longer. [During probation the probation review procedure in the Employee Handbook applies in place of the Disciplinary Procedure, except where misconduct is alleged.]
Check the current text of the Act, and the guidance published by the Workplace Relations Commission (WRC) and Citizens Information, before you rely on these limits. The clause above is a starting point for your solicitor, not a finished term.
A six-month probation timeline, with reviews at three and six months
The timings below are good practice, not legal requirements. The legal fixed points are the six-month limit and the deadlines for the written terms; everything else is there to give the employee a fair chance and you a clear record.
Before day one: set the terms
Put the length of probation, the review points and the notice that applies during probation into the contract and the written statement, so the new starter knows the rules before they begin.
First week: agree the objectives
Agree three to five objectives and the standard expected by the end of probation, explain when the reviews will happen, and give the new starter a copy.
End of month one: first check-in
An informal conversation about what is going well, what is unclear and what support is missing. Note the date and what was agreed.
Month three: the three-month review
A documented review against the objectives, using the form below. If there are concerns, say so plainly now, with examples and the support that will follow.
Months four and five: support and check-ins
Deliver the support agreed and meet at least monthly, more often where there are concerns. Record progress as carefully as shortfalls.
About four weeks before the end date: prepare the final review
Book the meeting, gather the evidence and tell the employee what will be discussed. If an extension might be needed, decide now, so it can be agreed before the original end date.
Before the end date: the final review and decision
Hear the employee before deciding, then confirm the outcome in writing: confirm, extend or do not confirm. Do not let the end date pass in silence; an employee who hears nothing will reasonably assume they have passed.
For a three-month probation, compress the same steps: a check-in after four weeks, a mid-point review at about six weeks and the final review in the last fortnight. Three months is close to the 13 weeks of continuous service after which statutory minimum notice applies, so check the dates before acting on a decision.
Guide: SMART goal examples for a new starter’s first objectives
The three-month review: tell them where they stand
In a six-month probation, the three-month review matters most, because it is the last point with real time left to improve. Work through each objective and each area on the form, the support given so far and the employee’s own view, then agree what happens before the final review.
If something is wrong, say so here, in plain words and with examples, and put it in writing. A concern raised for the first time at the final review gives the employee no chance to respond to it, and leaves you no record that they knew.
Sample wording
Three-month review summary: two versions
On track: At this three-month review, your work is meeting the standard we expect at this point in your probation. In particular, [specific example]. Over the next three months we will focus on [objective], and your final review is planned for [date].
Concerns raised: At this three-month review, your work in [area] is not yet meeting the standard the role requires. For example, [specific, dated example]. The standard is [what good looks like]. To help, we have agreed [training, coaching or other support], and we will meet every [two weeks] to review progress. If the standard is not met by the end of your probation on [date], your employment may not be confirmed. You can respond to these points in the meeting or in writing by [date].
Guide: constructive feedback examples for difficult conversations
Probation review form to download
Use the same form at the three-month review and the final review, so the two can be compared row by row. Rate each area as meeting the standard, developing or not yet meeting the standard for this point in the probation, and give an example for every rating below the standard.
Template
Probation review form
| Section | What to record | Rating or answer | Evidence and comments |
|---|---|---|---|
| Review details | |||
| Employee and role | Name, job title, team and reviewing manager | ||
| Probation dates | Start date, end date in the written statement and any extension already agreed | ||
| Review point | Three-month review, final review or extension review, with the date of the meeting | ||
| Evidence read | Objectives, check-in notes, training records and any feedback from colleagues | ||
| Performance against the standard | |||
| Objectives | Progress against each objective agreed in the first week | ||
| Quality of work | Accuracy and standard of work, against what the role needs at this stage | ||
| Knowledge and skills | Learning the systems, processes and skills the role depends on, at the expected pace | ||
| Working with others | Communication and cooperation with the team, other departments and customers | ||
| Reliability | Timekeeping, deadlines and following procedures. Record facts, and take advice before relying on any health-related absence | ||
| Conduct | Behaviour in line with the organisation’s policies and values | ||
| Support and the employee’s view | |||
| Support given | Training, coaching and resources provided since the last review, with dates | ||
| Support agreed | What will be provided before the next review, and by whom | ||
| Employee’s comments | The employee’s own view of their progress and of the support they have had | ||
| Outcome and sign-off | |||
| Overall position | At the three-month review: on track, or concerns raised. At the final review: confirm, extend or do not confirm | ||
| Reasons | For any concern, extension or non-confirmation: the standard, the examples and when they were discussed | ||
| Next step | Date of the next review, or the date the outcome letter is issued | ||
| Signatures | Manager and employee, with the date. The employee signs to confirm receipt, not agreement | ||
Complete one copy at each review point, give the employee a copy and keep it on their file. Adjust the performance areas to the role before probation starts, not at the review.
If you already run reviews on a standard manager form, it can serve for probation too: the manager review form template has a recommendation field for confirm, extend or do not confirm.
Template: manager review form with a probation recommendation field
Extending probation: when it is allowed and how to do it
Under the 2022 rules an extension is the exception, not a routine way to buy time. It needs exceptional circumstances, it must be in the employee’s interest, and the total cannot exceed 12 months. A long absence during probation, or a change of role part-way through it, may leave you without a fair chance to assess the employee; a manager who simply did not hold the reviews is not an exceptional circumstance.
Statutory leave such as maternity leave has its own rules on suspending probation, and a dismissal connected with pregnancy can be challenged whatever the employee’s length of service. Take advice before extending or ending a probation that involves leave.
- Decide before the end date
- An extension agreed after the original end date has passed is hard to defend. Decide at the final review, or earlier.
- Put it in writing
- State the reason, the new end date, what the employee needs to show and the support you will give.
- Keep it short and specific
- Extend by the time genuinely needed to assess the gap, with review dates inside the extension.
- Hold the reviews you set
- Meet on the dates agreed and decide by the new end date. A second extension is very hard to justify.
Sample wording
Letter extending a probationary period
Following your probation review on [date], I am writing to confirm that your probationary period will be extended by [number] weeks, from [original end date] to [new end date].
We are extending your probation, rather than making a final decision now, because [exceptional reason: for example, your absence from [date] to [date] means we have not had a fair opportunity to assess [area]]. We believe the extra time is in your interest, as it gives you the opportunity to show [what needs to be shown].
During the extension we will provide [support], and we will meet on [dates] to review progress. Your final probation review will take place on [date]. Your total probationary period will not exceed 12 months, and your other terms and conditions are unchanged.
Guide: performance improvement plan (PIP) template for structuring the support
Confirming employment at the end of probation
When the review confirms the employee in the role, say so in writing and say why. One specific line about what went well tells the employee what to keep doing, and the letter closes the probationary period on the record.
Then move the employee into your normal cycle: carry the objectives forward, note any development points from the final review and tell them when their next review will be.
Sample wording
Letter confirming employment after probation
Following your probation review on [date], I am pleased to confirm that you have completed your probationary period and your employment as [job title] is confirmed with effect from [date].
In particular, [one specific strength or result from the probation period]. Your development priorities for the coming months are [one or two points], and your next review will be part of the [mid-year / annual] cycle in [month]. Your other terms and conditions are unchanged.
Not confirming: fair process and minimum notice
Ending employment at the end of probation is lawful in principle, but how it is done matters. Probation does not remove the need for basic fairness, and the notice due depends on how long the employee has worked for you.
Even where the contract says the full disciplinary procedure does not apply during probation, follow the basics of fair procedures. The employee should already know the concerns from the three-month review and the check-ins since. Invite them to the final review in writing, saying what will be discussed and that the outcome could be non-confirmation. Let them respond, and consider what they say before deciding. Offering the right to be accompanied, and an appeal to someone not previously involved, costs little and strengthens the record.
If the reason is alleged misconduct rather than performance, stop and take advice before acting. An allegation about conduct engages fair procedures more directly, even during probation.
Notice is set by the Minimum Notice and Terms of Employment Act 1973 and by the contract, whichever gives more.
- Under 13 weeks’ service
- The Act does not apply yet, so only the notice in the contract is due.
- 13 weeks to two years
- At least one week’s notice, or the contractual notice if that is longer. A contract cannot give less than the statutory minimum.
- Pay in lieu of notice
- Common in practice. Check that the contract allows it, or that the employee agrees to accept payment instead of working the notice.
- Employees who resign
- Once they have 13 weeks’ service, an employee must give at least one week’s notice, unless the contract sets a longer period.
Sample wording
Letter ending employment during probation
Following your probation review meeting on [date][, at which you were accompanied by [name]], I am writing to confirm our decision not to confirm your employment as [job title].
The reasons are [the standard not met, with reference to the three-month review on [date], the support provided and the progress reviews on [dates]]. Before reaching this decision we considered the points you raised at the meeting, [summary of the employee’s points].
Your employment will end on [date]. You are entitled to [period] notice[, which will be paid in lieu]. Any outstanding pay and accrued annual leave will be included in your final payment. [If you wish to appeal this decision, please write to [name] by [date].]
Where the legal risk sits during probation
Ending employment during probation carries less unfair dismissal exposure than later on, but not none. These are the routes an employee might use.
- Unfair dismissal
- A claim under the Unfair Dismissals Acts normally needs 12 months’ continuous service, so most probationary dismissals fall outside it. Several grounds need no service, including pregnancy, protected disclosures and trade union membership.
- Discrimination
- The Employment Equality Acts apply from the first day, on nine grounds including gender, family status, age, disability and race. A probation decision affected by any of them can be challenged whatever the employee’s length of service.
- Industrial relations
- Where there is no unfair dismissal claim, a dispute about the dismissal can still be referred under the Industrial Relations Acts, and the process you followed will be part of what is examined.
- Your own documents
- If the contract or handbook promises reviews, a warning or an appeal during probation, an adjudicator or court will expect to see that you gave them. Do what your documents say.
The records made at the time, the objectives, the three-month review, the check-in notes and the outcome letter, are what answer each of these. For a capability process after probation, fair procedures under S.I. 146/2000 and the WRC’s approach are covered in the underperformance guide.
Guide: managing underperformance in Ireland — fair procedures and WRC risk
Before you use these templates: what to have a solicitor check
This article is a starting point, not legal advice. Employment law changes, and the right answer depends on the contract, the employee and the facts. Have a solicitor who practises Irish employment law review your probation clause, policy, form and letters before you adopt them, and take advice before extending or ending an individual probation.
Checklist
Questions to take to your solicitor
Contract and policy
- Does the probation clause match the 2022 limits on length and extension?
- Does the written statement give the duration and conditions of probation, and is it issued within one month?
- Does the disciplinary procedure apply during probation, and does the contract say so clearly either way?
- Does the notice clause meet the statutory minimum once the employee has 13 weeks’ service?
- Do any sector-specific rules, for example in the public service, apply to the role?
Before an extension
- Are the circumstances exceptional, and is the extension in the employee’s interest?
- Will it be confirmed in writing before the original end date, within 12 months in total?
- Does any statutory leave taken during probation affect the dates?
Before not confirming
- Was every concern raised before the final review, and is there a record of it?
- Could the decision be linked to pregnancy, a protected disclosure, disability or another protected ground?
- Is the reason performance, or is it alleged misconduct?
- Is the notice correct for the employee’s length of service?
Template
Probation clause and letter templates
The contract clause, the three-month review wording and the three letters above as one plain-text file, ready to adapt and send to your solicitor.
Where CLEAR Talent fits
CLEAR Talent has no probation workflow. It does not track probation end dates or issue confirmation, extension or termination letters, so the contract, the dates and the letters stay in your HR system and case file. What it can hold is the record a probation review draws on.
Goals that employees draft go to their manager for approval, so the objectives agreed in the first week are written down where both can see them. Managers schedule 1-on-1s from their own schedule, which flags anyone without a next session booked; goal check-ins flag goals that are falling behind; and the performance journal records evidence tagged to competencies as it happens. Every change is written to the audit log, reviews export to PDF or Excel when you need to attach them to a letter, and subject access request exports cover an employee’s request for a copy of their data.