Probation

Dingle_berry

I think in most jobs now there are periods of probation, 3/6/9 months where certain obligations of the employer like sick pay and severance notice aren't required.
What happens if an employees probation review points drift past without any form of review (meeting, verbal or written report)? Does the probation continue into infinity as long as the review meeting isn't completed? Or is it assumed that probation was completed in the absence of a review?

seamus

The absolute maximum period of probation is one year.

The conditions of probation are usually set out in the contract of employment. Sometimes a contract will say that your probation continues until you receive formal notification that it has finished, but if the contract does not have this provision, then typically your period of probation is deemed to have expired after the time set out in your contract, whether or not a review takes place. I.e. if no review takes place it's usually assumed that your probation has ended.

The employer can extend your period of probation up to a maximum of one year (i.e. if your normal probation is six months, they can extend it for a maximum of six months), but they must notify you of this extension before the end of your probationary period. Once your probationary period has ended, you cannot be placed back on probation*

If you get no notice of the end of your probationary period, it's always best to ask for formal written confirmation, for your own sake.

*If you get promoted or disciplined, you can be put on "probation", but this is not strictly the same thing. Your normal rights in these cases vis-a-vis notice and pay will continue to apply

Mrs OBumble

Dingle_berry wrote: »

I think in most jobs now there are periods of probation, 3/6/9 months where certain obligations of the employer like sick pay and severance notice aren't required.

Note that there is no legal requirement to sick-pay in the Republic of Ireland.

So whatever entitlement you have to it depends only on what it says in your contract.

Dingle_berry

Have issues arising from this ever resulted in court cases? I.e. are there any published precedents to reference? Or does it all get sorted by trade unions etc.

Bandana boy

seamus wrote: »

The absolute maximum period of probation is one year.

I do not believe this to be true
I know I have seen contracts with 18 month probabtion, and seen them enforced with termination at 18 months for reasons of having failed probabtion period.

seamus

Bandana boy wrote: »

I do not believe this to be true
I know I have seen contracts with 18 month probabtion, and seen them enforced with termination at 18 months for reasons of having failed probabtion period.

OK, you are technically right.

There is nothing in law preventing a company from having an indefinite probationary period, however the nature of that probationary period will change. The Unfair dismissals act kicks in after 12 months, which effectively ends any probationary period - after 12 months the employee is entitled to the full rights and protections afforded to every other employee in the company. After 12 months the employee cannot be dismissed except in accordance with the law. While this means that someone could be let go for for "failing probation" at 18 months, the company would need rock solid evidence and documentation to take this action so they don't fall foul of the unfair dismissals act. The employee would also be entitled to minimum notice of one week.

One way around this would be for a company to initially hire people on 18-month fixed term contracts, which they just allow to end if the employee is not up to scratch. These often include buy-out clauses which let the company end the contract at any period in that 18 months. The company will have to pay a small fee to the contractor if they wish to end it before the 18 months is up, but overall it works out easier and cheaper than firing a permanent employee.

Eoin

Here's the exact wording from the Unfair Dismissals Act:

3.—(1) This Act shall not apply in relation to the dismissal of an employee during a period starting with the commencement of the employment when he is on probation or undergoing training—

(a) if his contract of employment is in writing, the duration of the probation or training is 1 year or less and is specified in the contract, or

(b) if his contract of employment was made before the commencement of this Act and was not in writing and the duration of the probation or training is 1 year or less.

(2) This Act shall not apply in relation to the dismissal of an employee during a period starting with the commencement of the employment when he is undergoing training for the purpose of becoming qualified or registered, as the case may be, as a nurse, pharmacist, health inspector, medical laboratory technician, occupational therapist, physiotherapist, speech therapist, radiographer or social worker.

So, Seamus is correct in that they can't just put down an 18 month probation period in the contract and just let you go at 13 months like they could at 6 months.

studiorat

I'm coming to the end of a 3 year contract. I originally had 6 month probation.

Now I've been offered a 1 year contract with another 6 month probation period.

What's the story there?