The European Union (Transparent and Predictable Working Conditions) Regulations came into law in December 2022, and makes a number of changes to employment contracts. One significant change is in relation to probationary periods.

Generally, the maximum period of probation is now six months. A longer probationary period is only allowable for exceptional reasons, and where the employer can justify that the particular type of employment requires the probationary period be longer, or that such longer probation is in the interests of the employee.

The regulations allow for an extension in the probationary period where the employee has been absent from work (including whilst on protected leave). The duration extension should equal the number of days absence.

The regulations also provide that the Statement of Terms provided to an employee on or before their fifth day of work should include the details of the probationary period. There have been numerous other changes in respect of the Statement of Terms as a result of the regulations, and there has changes to the rules relating to requiring exclusivity from employees.

The above is provided for information purposes and is not intended as legal advice. We, at Fitzsimons Redmond LLP, would be happy to talk to you about compliance with employment law. Please contact us on 01-6763257.

By Lisa Quinn O’Flaherty

Partner at Fitzsimons Redmond LLP