Six months probationary period

Andy_L

A probation period is near pointless these days. With less than 2 years service they can kick you out for any (non-discriminatory) reason they like. So, unless you've clocked up over 18 months it will make no difference to you

Takeaway_Addict

The company would be silly not to give themself the extra protection they can. Don't take it personally.

Ader1

I learned today that they guys I mentioned in my first post who were already at the company but being asked to sign a new contract won't be required to go through a probationary period but us agency guys (3 of us) will be required to. But nothing seems to be set in stone with this company. I communicated that I didn't see why we needed to go through a probationary period but I was told that we were different to the guys already employed by the company as we were going from an agency to the company as opposed to already being employed by the company and being asked to sign a new contract. I even quoted from the dictionary where it define 'probation'......'to see if you are suitable to work in a new role or job'. A couple of the regular guys argued against me and for the company. So much for sticking together.

getmore4less

you have said yourself you would prefer to stay agency.

That a good enough reason for a company to put in a test period.

The relationship is changing from agency/contract to employee.

That will be changing things like notice periods, holiday, sick and payment terms.

Could be they want more control over the people working for them and want to build in some terms around that.

Either way as has been said unless there are terms that change on completion of the "probation" you are just creating a fuss before you start.

if your case is that you should have the post completion terms because they are better then argue for those.

Ader1

Andy_L wrote: »

A probation period is near pointless these days. With less than 2 years service they can kick you out for any (non-discriminatory) reason they like. So, unless you've clocked up over 18 months it will make no difference to you

Regarding the guys I spoke about who are signing a new contract after being employed by the company for several years.....will their new contracts allow the to be kicked out for any reason too?

General_Grant

Ader1 wrote: »

Regarding the guys I spoke about who are signing a new contract after being employed by the company for several years.....will their new contracts allow the to be kicked out for any reason too?

It may be a "new contract" in terms of being a piece of paper with some different terms in it but it should also show their commencement of employment date as being whatever date it was, not a new date. Their period of employment under the new contract is continuous with the past and therefore they will have the two-year service protection (as long as they have worked there two years already).

Ader1

General_Grant wrote: »

It may be a "new contract" in terms of being a piece of paper with some different terms in it but it should also show their commencement of employment date as being whatever date it was, not a new date. Their period of employment under the new contract is continuous with the past and therefore they will have the two-year service protection (as long as they have worked there two years already).

Thanks for that. But that wouldn't be in any way the case for us agency guys? One of the agency guys has been there for around 3 years. I've been there for almost 18 months.

Ader1

General_Grant wrote: »

Does the contract indicate that anything is gained by passing the probation period? Extra holiday or in service death benefit (both probably unlikely)? Or participation in bonus scheme or company sick pay? Or does notice period change?

If nothing changes then it doesn't mean much any way.

Though you are looking for something else, most new employers would expect a new recruit to have to give a month's notice so unless the notice period is longer than that, I would not worry. Does the contract you have with your agency allow you to walk away without giving notice?

Yes....extra holidays. The notice period is also longer. The notice with the agency allows me to walk away after a weeks notice.

Ader1

OK would I have an argument for saying that since I've worked there for 18 months albeit through and agency that I could have the beginning of my working with them as my start date on the new contract therefore only have 6 months to run before I reach the 2 year service protection milestone?

iammumtoone

Although it does seem a bit unreasonable as you have already worked for them for 18 months, what is the issue you have with it?


Being agency they can kick you out at any time, once employed they can kick you out at anytime in the first 2 years regardless of the probationary period. What is the difference? why does it matter how long the probationary period is? The way I see it you are better being employed as at least then you are working your way to two years employment where you will get a bit of protection.