Why do we have a probation period?

Probation periods are a vital element of the employment onboarding. It allows the employer and employee to assess the suitability for the role in a 'real world' situation.

How long should the probation period be?

Since December 2022, the probationary period cannot, under any circumstances, exceed 12 months.

What is the duration of probation in TCD?

• Full Time Permanent roles – 11-month probation
• 5-Year Fixed Term with a view to permanency / Tenure Track contracts for Academics – 11-month probation
• Specific Purpose Contract roles with expected duration & nature of work longer than 12 months – 6-month probation
• Specific Purpose Contract roles with expected duration & nature of work shorter than 12 months – duration of the probation is proportionate (50%) to the expected duration of the work
• Fixed Term Contract roles with a duration of more than 12 months will have a 6-month probation
• Fixed Term Contract roles less than 12 months, the duration of the probation is proportionate (50%) to the contract duration Examples:

• Administrative role - Full Time Permanent – 11-month probation
• Professor Of Marketing – Full Time Permanent – 11-month probation
• Professor In Physics – Full Time Permanent – 11-month probation
• Assistant Professor in English – 5-Year Fixed Term Contract with a view to Permanency (Tenure Track) – 11-month probation
• Associate Professor in Clinical Medicine – Specific Purpose Contract with expected duration more than 12 months – 6-month probation
• Research Fellow – Specific Purpose Contract with an expected duration & nature of work less than 12 months – 6-month probation
• Executive Officer – Part Time 4-Year Fixed Term Contract – 6-month probation
• Executive Officer – 2-Year Fixed Term Contract – 6-month probation
• Executive Officer – 8 months Fixed Term Contract – 4-month probation

I have extended an employee’s probation to 18 months, can I do this?

No, the probationary period cannot, under any circumstances, exceed 11 months. If the employee has not failed their probation, then they passed their probation.

The employee has been absent for several months of their probation?

The law on probation is very strict, probation cannot be more than 12 months under any circumstances. If the employee has been absent you must assess their probation for the time they were there.

The employee's absence means I haven't been able to assess them?

You must still carry out the probation assessment.

Can the employee appeal my decision to fail their probation?

There is no appeal mechanism in the College's probation policy or the governing law on probations.

Does the probation period also cover the notice period?

No, notice does not form a part of the probation period. If an employee does not pass their probation their notice period commences from when they are told they did not pass.

I have hired an employee on a fixed term contract, how long should the probation period be?

The law requires that where a fixed term contract has a probation period, the period should be proportionate to the contract's duration.

In TCD

• Fixed Term Contract roles with a duration of more than 12 months will have a 6-month probation
• Fixed Term Contract roles less than 12 months, the duration of the probation is proportionate (50%) to the contract duration

What is the updated probationary policy and where can I find it?

TCD Human Resources are currently reviewing the Probation Policy considering the European Union (Transparent and Predictable Working Conditions) Regulations 2022. Specifically, amendments to the Terms of Employment (Information) Act 1994. This will be available as soon as it is approved by Board.

What categories does the new legislation apply to?

The legislation applies to all employees of the University.

How do I find out how long my probation is?

Probationary clauses are outlined in individual contracts of employment. Your direct line manager will be your point of contact in relation to your probationary period.

What is the duration of probation for a permanent contract?

The probation period for Permanent roles is 11 months with two reviews, typically occurring at month 4 and month 8.  

What is the duration of probation for a specific purpose contract?

The probation period for specific purpose roles with an expected duration & nature of work longer than 12 months is 6 months with two reviews at regular intervals.

The probation period for specific purpose roles with an expected duration & nature of work less than 12 months is 50% of the contract duration with two reviews at regular intervals.

What is the duration of probation for a fixed term contract longer than 12 months duration?

The probation period for fixed term contract roles longer than 12 months duration is 6 months with two reviews at regular intervals.

What is the duration of probation for a fixed term contract less than 12 months duration?

The probation period for fixed term contract roles less than 12 months duration is 50% of contract duration with two reviews at regular intervals.

I'm permanent already but moving to a new role on a higher grade. Do I need to complete probation again?

On moving to a higher grade through recruitment competition you may have a probationary period for the higher grade.

I'm permanent already but moving to a new role on the same grade. Do I need to complete probation again?

Once you have successfully completed a probationary period (while in continuous employment), you normally will not be required to complete another probationary period for the same grade.

Who do I contact if I have queries while the policy is in review?

Contact the probations team at probations@tcd.ie

If a short-term contract is followed by another contract, will probation continue in the subsequent contracts?

No, probation does not apply to contract renewals/extensions on the same grade.

If an employee has a part-time role and is offered a second role in tandem, how is probation calculated?

Where the part time role is at the same grade and the probation has been completed then probation would generally not apply to the second role, unless the second role is substantively different. Where the part time employee is in the middle of probation then probation would continue for the remainder of the period of probation for both roles.

If an employee has a part-time role and is offered a second role at a higher grade, how is probation calculated?

As the second role is at a higher grade the employee must pass the probation for that role.