In a major development in relation to probationary terms and conditions, the Association of Higher Civil ad Public Servants (AHCPS) has prevailed in a High Court judicial review (JR).

The JR has found that probationary terms for civil servants cannot run beyond 1 year, meaning that there is no mechanism to extend probation in any non-statutory circumstances beyond this.

Assistant General Secretary Seán Carabini said: “We have successfully argued for years that probation can’t go beyond the 12 months and that once the 12 months expires, the probation is automatically passed unless the organisaton has made a decision to terminate the contract before then. The AHCPS had need to take this argument on to the High Court and we’re delighted that they have won.”

Explaining the ramifications for probationers, he said: “There are many people who find themselves having to appeal a probationary decision. In many cases, it takes months for the hearing to take place. The official side had always argued that the probationary year was, in effect, ‘paused’ while waiting on the hearing. However, the High Court has now stated that it is not paused as the appeal is non-statutory.”

“Statutory Instrument 686/2022 has played a very important part in this,” he said. “It was introduced in December last and caps public sector probation at a firm 12 months. That means that it cannot be extended – save potential pauses where there is a statutory reason to do so, such as maternity leave, for example.”

Seán continued: “We have made the Department of Public Expenditure and Reform aware of the High Court ruling as it strengthens our call to have civil service probationary terms reduced from 12 months to at most 6. That way, people who needed an additional 3 or 4 months to prove themselves, in exceptional circumstances, could easily be facilitated.”