Many employers assume that probationary periods give them the freedom to terminate employment without much formality. However, a recent decision by the Workplace Relations Commission (WRC) in 2024 serves as a reminder that probationary periods are not a loophole to skip following the fair procedures. Even at this early stage in the employment relationship, basic principles of natural justice apply, and failure to follow them could prove costly.

Summary of a recent WRC Decision

In a recent case in 2024, a probationary employee was dismissed without any formal meeting or opportunity to respond to alleged performance issues. The employer argued that the dismissal was justified as this individual was on their probationary period and they claimed the employee was “not a good fit.” However, the Adjudication Officer disagreed, stating that procedural fairness had been completely absent.

Despite being on probation, the employee had a right to be informed of the concerns, given an opportunity to respond, and receive a clear explanation for the dismissal. The WRC recommended the Company to pay the individual €15,000 in compensation, citing the employer’s failure to follow even the most basic steps of a fair process.

However, it’s important to note that this case was brought under the Industrial Relations Acts 1946–2015, not the Unfair Dismissals Acts. Because the employee had less than one year of service, they were not eligible to bring a claim for unfair dismissal. However, under the Industrial Relations framework, an employee can still request the WRC to investigate a workplace dispute, regardless of service length.

While WRC recommendations under the Industrial Relations Acts are non-binding, the decisions are published and can carry reputational risks for employers.

Common Mistakes Employers Make During Probationary Periods

This case is not unique. We regularly advise employers who have unknowingly exposed themselves to legal risk by mishandling probationary dismissals. The most common errors include:

• No structured feedback during probation
• Failure to hold review meetings or document concerns
• Dismissing by email or verbally, without proper procedure
• Assuming probation clauses override employee rights

Best Practice Tips for Managing Employees During the Probationary Period

To reduce risk and build a fair, consistent culture, employers should:

1. Have a Clear Probationary Period Clause
   Ensure your contracts and employee handbooks define the probation period, criteria for assessment, extension procedures, and how dismissals will be handled.
2. Document Performance Concerns Early
   Keep written notes of informal feedback and any concerns raised during check-ins. This creates a defensible trail of evidence.
3. Conduct Formal Review Meetings
   Schedule meetings at key stages (e.g., midpoint and end of probation). Use them to provide honest feedback and allow the employee time to improve. Consider offering additional training as well.
4. Follow a Fair Process Before Dismissal
   Even during probation, invite the employee to a meeting, outline your concerns, and give them the opportunity to respond before making a final decision.
5. Provide Written Confirmation of Outcome
   Whether confirming continuation, extension, or termination, always issue a formal letter summarising the decision, the reasoning for the decision, and highlighting that the individual has the right to appeal the decision.

Need Help Managing a Probation Issue?

At ESA Consulting Associates, we regularly support employers with practical HR advice and employment law compliance, including managing probationary periods, performance reviews, and terminations. If you are navigating a dismissal during a probationary period and want expert advice, we’re here to help. Contact us today on (01) 877 4608.