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Dismissed on probation in Ireland: what you can still claim
Checked 13 Oct 2026the employment Acts as amended.
Probation in Ireland is capped at six months since 2022, but unfair dismissal still needs 12 months' service unless an exception applies. You keep your notice, your pay and your equality rights.
Written for employees. This guide covers the Republic of Ireland.
Probation is the period at the start of a job in which your employer decides whether you suit it. Being dismissed during it feels unfair, and it may be, but the law gives you fewer routes than it gives someone with a year's service. This guide sets out the cap on probation, what the 12-month threshold means for you, the exceptions that apply whatever your service, your notice, and what to ask for in writing.
The six-month cap since 2022
Since the European Union (Transparent and Predictable Working Conditions) Regulations 2022 (S.I. No. 686/2022), a probationary period in the private sector may not exceed six months. It can run to 12 months only exceptionally, where that is in your interest or justified by the nature of the job, and probation on a fixed-term contract has to be proportionate to the contract's length.
The duration and conditions of any probation must be in your written statement of core terms within five days of starting. If your contract says nothing about probation, you are not on it. If it says nine or 12 months with no justification, the extra months may not be enforceable, though that does not by itself bring you within the Unfair Dismissals Acts.
The probation period guide in the contracts chapter covers extension, rights during probation and the public-sector rules, where the civil service runs a one-year probation under its own statute.
The 12-month threshold
Here is the problem in one sentence: probation is at most six months, but an unfair dismissal claim needs 12 months' continuous service.
Service is measured on the date of dismissal, counting any statutory notice you were owed. So if you are dismissed at 11 months and two weeks and were owed one week's notice, you are still short. If you are dismissed at 11 months and three weeks with a week's notice owed, you reach 12 months and the Acts apply, probation or not. The arithmetic matters; the unfair dismissal tool does it for you.
Where the 12 months are not met and no exception applies, the Unfair Dismissals Acts are simply closed. That is not the end of the story.
The exceptions that still apply in probation
No minimum service is needed where the dismissal was wholly or mainly for one of these reasons:
| Reason | Example in probation |
|---|---|
| Pregnancy | You told your manager you were pregnant and were let go the following week |
| Statutory leave | You asked for paternity, parent's or force majeure leave and your probation was "not passed" |
| Trade union membership or activity | You joined a union or raised a collective issue |
| A protected disclosure | You reported wrongdoing and were dismissed |
| Exercising a statutory right | You asked for your written terms, your breaks or the minimum wage |
A dismissal on one of the nine equality grounds (gender, civil status, family status, sexual orientation, religion, age, disability, race, membership of the Traveller community) goes to the WRC under the Employment Equality Acts, which have no service requirement and can award up to two years' pay without being tied to financial loss. A dismissal for a protected disclosure can carry up to five years' pay and interim relief in the Circuit Court within 21 days.
The employer still has to show the dismissal was for another reason. In practice, timing is the evidence: a dismissal days after a disclosure, a pregnancy announcement or a complaint about pay invites the obvious inference. Write down the sequence of events while it is fresh.
Notice in probation
The Minimum Notice and Terms of Employment Acts 1973 to 2005 apply from 13 weeks' continuous service. After 13 weeks you are owed at least one week's notice, or pay in lieu. Your contract can give more and cannot give less. Before 13 weeks there is no statutory notice; only the contract applies, and many contracts say one week from day one.
Probation does not cancel notice. A contract clause saying that the employer can end the contract "at any time during probation without notice" cannot override the statutory week once you pass 13 weeks. If you were walked out without notice or pay in lieu, a complaint under the Minimum Notice Acts goes to the WRC within six months and does not need 12 months' service. The notice tool shows what you are owed and the wrongful dismissal and notice pay guide explains the claim.
Unless the dismissal was for gross misconduct, in which case no notice is owed but a fair procedure is still expected: see gross misconduct.
Your other rights do not pause
Everything you earned up to the last day is owed: wages, accrued annual leave (8% of hours worked is the usual measure in a short period), any public holiday falling within a week of leaving, and expenses. Non-payment is a Payment of Wages Act complaint at the WRC within six months of the pay date, with no service requirement.
If you were dismissed while sick, the sick-leave rules and the equality Acts' disability ground may apply: see can you be fired for being sick.
The Industrial Relations route
Where none of the statutory routes fits, an employee with under 12 months' service can refer a dispute about a dismissal to the WRC under the Industrial Relations Acts. The adjudicator issues a recommendation rather than a binding decision, the employer can decline to take part, and awards are modest. It is a route some people use to put a bad procedure on the record. A union official will know whether it is worth it in your case.
What to ask for in writing
Within days of the dismissal, send a short email or letter asking for:
- The reason for the dismissal. Under the Unfair Dismissals Acts the employer must give a written statement of reasons within 14 days of a request. Even where the Acts may not apply, most employers answer, and the answer fixes their position.
- Confirmation of your last day and the notice you were given or paid in lieu.
- Your final payslip, showing wages, holiday pay and any deductions.
- Copies of any written feedback, reviews or warnings during the probation, and a copy of your contract and written terms if you do not have them.
- Your personal data under a data-access request, if you believe the real reason differs from the stated one.
Keep the tone neutral. You are gathering facts, not arguing.
Where this leaves you
Run the unfair dismissal tool with your start date, your last day and the reason you were given. It works out whether the 12 months are met once notice is counted, flags the exceptions that apply regardless of service, and gives your six-month deadlines for each kind of complaint.
If you are in a union, ring them first: they will know whether the Industrial Relations route is worth it and can write to the employer on your behalf. See union. If the dismissal followed a pregnancy, a disclosure or a complaint, a solicitor can assess the equality or protected disclosure claim, which carries no service requirement and higher compensation than an ordinary unfair dismissal.
Frequently asked questions
Can you claim unfair dismissal during probation?
Usually not under the Unfair Dismissals Acts, because they need 12 months' service and probation is now capped at six. You can claim without any minimum service where the dismissal was for pregnancy, statutory leave, union membership, a protected disclosure or exercising a statutory right, and a discrimination claim under the Employment Equality Acts has no service requirement either.
Can I be dismissed on probation without a reason?
Your employer can end a probationary contract if it is not satisfied with your performance, and the Unfair Dismissals Acts will not usually apply. But you can still ask in writing for the reason, you are still owed notice after 13 weeks' service, and a dismissal for a discriminatory or protected reason can be challenged whatever your service.
How much notice am I entitled to if dismissed on probation?
After 13 weeks' continuous service, one week's statutory notice or pay in lieu, unless your contract gives more. Before 13 weeks there is no statutory notice, only whatever the contract says.
How long can probation last in Ireland?
Since the 2022 Regulations a probationary period in the private sector may not exceed six months. It can run to 12 months only exceptionally, where that is in your interest or justified by the nature of the job, and probation on a fixed-term contract must be proportionate to its length.
Does a dismissal on probation still need a fair procedure?
The Unfair Dismissals Acts will not usually apply, so the WRC cannot assess the procedure under them. But a fair process is still expected under the Code of Practice, and if your claim goes under the equality Acts or the Industrial Relations Acts, the absence of any procedure counts against the employer.