Fórsa is continuing to engage in talks to have civil service probationary periods reduced from the current twelve-month period down to a maximum of six months. The union tabled the claim earlier this year following the transposition of the EU Directive on Transparent and Predictable Working into Irish law. The statutory instrument transposing the Directive (SI 686/2022) notes that while probation, generally, will last no longer than six months, public service probation shall not last longer than twelve months. 

Fórsa official Séan Carabini described how Irish civil service workers are currently expected to spend twelve months on probation when appointed, but Ireland is somewhat of an outlier in this regard. “Probation is currently twelve months in the civil service, but the statutory instrument caps it at twelve months maximum, meaning that probation cannot now be extended should that need arise,” he said. 

Seán explained that often when a person appeals a probationary termination, the hearing doesn’t take place within the twelve-month timeframe. “This is simply down to the availability of the Disciplinary Appeals Board to hear the case.

However, in a judicial review case* handed down last week, the High Court confirmed something that the union had long held to be true: the civil service management cannot legally terminate a probation once the twelve-month window has passed even in cases where a probationary case has been sent to the appeals board for consideration,” he said.  

Speaking to the discussions with the Department of Public Expenditure and Reform on the matter, Seán noted that while they do understand the difficulties that the new statutory instrument has created, “it is still likely to take some time for them to conclude a way forward.”

“We want – and need – this to happen as soon as is possible to provide clarity. We have been clear with them that if the quid pro quo for reducing probation is the reimagining of the probationary process, we will engage on it. Workers need clarity – especially during probation, which is a particularly precarious time for workers,” he said. 

Considering the options available to reimagine probation, Seán acknowledged that there are several things that already work in other EU countries, that have a maximum six-month probationary period. 

“France has a two-to-four-month probationary period that lasts different lengths per grade. It is the same in Italy where there is a six-month period for management and a three-month period for other grades. We are open to considering any of these proposals in the name of reform because what we do know is that the Irish system is not working. It is overly onerous and yet somehow lacks clarity, it is amongst the longest probationary duration in the EU and we now know that it cannot be extended where someone needs additional time to prove themselves,” he explained. 

In the meantime, when considering the approach to civil service probation, Seán said the most important factor to consider is time. “The most important thing to note is timeline. Unless it is paused for a statutory reason such as maternity leave, the probation expires at the end of 12 months. We need to remain vigilant on timelines,” he said. 

(*Note – JR reference [2023] IEHC 586)