HR Compliance in Ireland: Probation, Contracts & Records

For HR managers and business owners in Ireland, staying current with employment law can feel like a constant challenge. The legal landscape is constantly shifting, and getting the fundamentals right is crucial for protecting your business and building a trusted relationship with your employees.

To help you navigate these complexities, HRLocker recently teamed up with GHR Consulting for an expert webinar on “Probation Periods, Contracts & HR Recordkeeping.” This post summarises the key, actionable insights from that session. We'll cover the essential rules for probation periods, your obligations for employment contracts, and how to manage HR recordkeeping to ensure your business is compliant and protected from costly pitfalls.

Mastering Probation Periods: Rules and Best Practices

A probation period is a trial for both the employer and the new employee. It’s your opportunity to assess whether the person is a good fit for the role and your company culture. However, there are strict legal rules in Ireland that you must follow.

Legal Limits in Ireland

• Private sector cap: Probation periods in the private sector cannot exceed six months.
• Extensions: An extension is only possible in “exceptional circumstances” and must be for the employee’s benefit (e.g., where long-term sick leave prevented a fair assessment).
• Fixed-term contracts: For fixed-term roles, the probation period must be proportionate to the length of the contract.

Managing Probation Effectively

• Regular reviews: Schedule review meetings to provide feedback and track performance. This creates a clear record and helps set expectations.
• Confirm the outcome in writing: Before probation ends, notify the employee in writing whether they have passed or failed. If the end date passes with no action, the employee is deemed to have passed and becomes permanent.

Employee Rights During Probation

While the Unfair Dismissals Act typically requires 12 months of service for an employee to bring a claim, employees are not without rights during their probationary period. They are protected against:

• Discrimination
• Penalisation for asserting statutory rights
• Breaches of contract

Furthermore, after 13 weeks of service, an employee is entitled to a statutory minimum notice period of one week, even if still on probation.

Employment Contracts: Your Day 1 & Day 5 Obligations

A formal employment contract is the foundation of a professional working relationship. It clarifies rights and responsibilities, sets expectations regarding pay, hours, and holidays, and provides legal protection for your business. A clear contract is also a vital part of a positive onboarding experience.

The “Day 5 Statement” — Core Terms

Irish law requires employers to provide new employees with a written statement of their core terms of employment within the first five days of commencing their employment. This statement must include:

• Full names of the employer and employee
• The employer’s address
• Expected duration of the contract (for temporary or fixed-term roles)
• The rate of pay or method of calculation
• The regular working hours per day and per week

The Full Written Statement (Within One Month)

Within one month of the employee’s start date, you must provide a complete written statement that includes the Day 5 information, as well as additional details. This comprehensive document forms the whole contract of employment. Key additions include:

• Job title or the nature of the work
• Commencement date
• Place of work
• Paid leave entitlement
• Sick pay entitlements (if any)
• Notice periods for both parties
• Details of any pension schemes

Providing this information on time is not only good practice, but it also helps prevent potential claims to the Workplace Relations Commission (WRC).

HR Recordkeeping: What to Keep and For How Long

Maintaining accurate and organised HR records is a legal requirement for all employers in Ireland. This is a key focus area during WRC inspections, so getting it right is essential.

Essential Records to Maintain

• Employee personal details (name, address, PPSN)
• Contracts of employment and job descriptions
• Payroll, tax, and social insurance records
• Records of working time (hours worked, leave, breaks)
• Records of any disciplinary actions and grievances

Retention Periods

Best Practices for Organisation

• Digitise records where possible for secure storage and easy retrieval.
• Use a structured filing system (e.g., by employee or record type).
• Keep active and archived records separate.
• Restrict access to authorised personnel only to protect sensitive data.

Stay Compliant and Confident

Getting the fundamentals of HR compliance right is non-negotiable. By actively managing probation periods, meeting your Day 1 and Day 5 contract obligations, and maintaining diligent HR records, you protect your business from legal risks and build a foundation of trust with your team.

For a deeper dive into these topics with more expert advice and real-life examples, you can watch the full on-demand webinar here:

Probation Periods, Contracts & HR Recordkeeping.

Disclaimer

This article was published on 25 September 2025 and is intended for general informational purposes only. It does not constitute legal advice and should not be relied upon as such. Employment law in Ireland is subject to change, and requirements can vary depending on individual circumstances. For specific legal guidance, please consult a qualified professional.