Notice Periods
Your notice period determines how much warning either side must give before ending the employment relationship. Under the Minimum Notice and Terms of Employment Act 1973, employees with at least 13 weeks of service are entitled to statutory minimum notice — starting at one week and rising to eight weeks for 15 or more years of service.
Your contract may specify a notice period longer than the statutory minimum — this is common for senior roles. What it cannot lawfully do is specify less than the statutory minimum. Check whether the notice period applies equally to both sides, and whether payment in lieu of notice (PILON) is mentioned.
Probation Terms
A probation clause sets a period — typically three to six months, sometimes up to eleven months — during which the employment relationship can be terminated with shorter notice and with fewer unfair dismissal protections.
Under the Unfair Dismissals Act 1977, employees must generally have 12 months of continuous service before they can bring an unfair dismissal claim. Probation periods are often set at or near 11 months specifically to use this window. Clauses that permit extension of probation are worth noting — some contracts allow the employer to extend beyond 12 months, which conflicts with employees' statutory protections once that threshold is crossed.
Restrictive Covenants
Restrictive covenants are clauses that limit what you can do after your employment ends. The most common types are:
- Non-compete: Restricts you from working for a competitor or setting up a competing business for a defined period and within a defined geographic area after leaving
- Non-solicitation: Prevents you from approaching the employer's clients or customers for a period after leaving
- Non-dealing: Prevents you from doing business with certain clients even if they approach you
- Non-poaching: Restricts you from recruiting former colleagues to a new employer
Irish courts will only enforce restrictive covenants that are reasonable in scope, duration, and geographic area — and that protect a legitimate business interest. However, challenging an unreasonable clause typically requires legal proceedings.
Sick Pay
Since 2023, Irish employees are entitled to statutory sick pay under the Sick Leave Act 2022. Entitlement is being phased in over several years, eventually reaching ten days per year. Your contract may provide more generous sick pay terms than the statutory minimum — or it may simply refer to the statutory entitlement.
Look for: how many sick days are paid, at what rate (full pay, percentage of pay, or statutory sick pay rate), whether a medical certificate is required and from what point, and whether sick pay triggers any performance review or absence management process.
Annual Leave
The Organisation of Working Time Act 1997 sets the minimum annual leave entitlement at four working weeks per year for a full-time employee. Your contract may offer more. Key things to check:
- Whether public holidays are included in the leave figure or additional to it
- Whether unused leave can be carried over to the following year, and if so how much
- The procedure for requesting leave and how disputes are resolved
- Whether leave entitlement is pro-rated in the first and final year
Termination and Performance Procedures
Irish employment law requires that dismissal — except in cases of gross misconduct — follows fair procedures. The Unfair Dismissals Act 1977 and the Code of Practice on Grievance and Disciplinary Procedures (S.I. 146 of 2000) set out what this means in practice.
A performance improvement plan (PIP) is a formal process sometimes used before a performance-related dismissal. Your contract may reference the employer's disciplinary or capability procedure. If it does, that procedure typically forms part of your contractual terms. Key questions:
- Does the contract or an attached procedure set out the stages of a performance process — informal warning, written warning, final written warning, dismissal?
- Is there a right to be accompanied at disciplinary meetings? (The Code of Practice provides for this.)
- What is the appeal process if a disciplinary outcome is disputed?
Before Signing
A contract that is silent on performance procedures does not mean no procedures apply — the statutory code and common law fair procedures still govern. But knowing what your contract says (or does not say) before a dispute arises puts you in a better position to understand your options.
Intellectual Property and Confidentiality
Many employment contracts include clauses assigning ownership of any work created during employment to the employer. Separately, a confidentiality clause restricts what you can disclose about the employer's business during and after employment.
IP assignment clauses can be broad — covering work done on personal time if it is related to the employer's business. The scope of these clauses and any carve-outs are worth identifying, particularly in technical, creative, or entrepreneurial roles.