A change in life circumstances forced me to chuck my job in at the end of last summer, have been on agency since, bar one week 5/6 months ago and the odd couple of days at around the same time I’ve effectively been full time with one client doing 5 days on 2 off.
A mix of class 1 and class 2 depending on what they wanted me to do on any given day, 7am to somewhere between 4 and 6pm, the job suits me, the hours suit me the only issue earlier in the year when full time positions were available were the off days on offer didn’t suit. This changed a few weeks ago and I was offered the days on/off that I’d been doing for the past few months, so ideal, agreement reached with the TM for him to go through the agency and temp to perm. The agency wants 3 months temp to perm and weren’t willing to budge, client not happy but still going ahead, I reminded the agency a couple of days ago that I’ve a 2 week holiday coming up (the missus 50th) to which the reply was that the temp to perm period would have to be extended by 2 weeks.
Thought nothing of it until a couple of hours ago when the TM rang and said that his HR department wouldn’t sanction a later start date (it was already beyond what they were happy with) and had to withdraw the offer. Now trying to work through in my head what I should do from here.
Yes, plenty of jobs out there but how easy will it be to find one that fits my needs as well as this one?
I could get irate with the agency, stick up 2 fingers to them and go elsewhere, back to 1) and they’ll simply send someone else in to do the work I’ve been doing for the past 10 months or so.
I could have a little grumble, continue with the agency and the placement with the client, actually take home more than being fully employed on 5 days weeks, but run into the possibility of days, or even weeks, with little/ no work from them and be faced with 1) again and potentially being forced to do work/ hours/ days that I really don’t want to do to put food on the table.
Not sure if there is any compromise possibility here as the agency are the ones with control and it will make no difference to them whether its me or someone else that they are placing with the client. The only way they’d be hurt would be if the client were the ones to wave 2 fingers at them and move to a different agency.
I know a lad who was in a similar situation and the agency was going to ruin his chances so he jacked with the agency went to another and then jacked with them 4 months later and applied for the job he wanted. Sadly the TM had given the job to one of his work colleagues from the ORIGINAL agency who had relaxed the rules because they got a bit more coin out of it, barstewards they are and they ■■■■ on drivers left right and centre!
I would have no hesitation over telling the TM I could start when they wanted & telling the agency to poke it. There are plenty agencies out there, good jobs that you enjoy are harder to find.
I have no real experience of how much control an agency has, but I would be strongly tempted to do as above.
Sack the agency and move on, leave the ball in their court, what can they actually do?
What’s your notice period on the agency? Maybe a week? How about speaking to the company. Explain you’re on a notice of one week, see if that works for a start date, give notice to agency then start with new employer.
I bet you’re not on a 3 month employment notice with an agency. That 3 month temp to perm thing sounds like a no poaching deal between agency and their customers if you transition across. Agency can’t dictate who employers take off the street. Surely they also can’t dictate where you go after you leave them on your notice.
James the cat:
What’s your notice period on the agency? Maybe a week? How about speaking to the company. Explain you’re on a notice of one week, see if that works for a start date, give notice to agency then start with new employer.
I bet you’re not on a 3 month employment notice with an agency. That 3 month temp to perm thing sounds like a no poaching deal between agency and their customers if you transition across. Agency can’t dictate who employers take off the street. Surely they also can’t dictate where you go after you leave them on your notice.
I can wander off at any time I like, the contract between the agency and myself is they’ll offer me suitable work if they have it, I can take it or leave it. It’ll be the contract/ agreement between agency and client that determines the time period for temp to perm, I have no part to play in their negotiations.
Are you on the agency as PAYE or self employed? If its self employed they can go whistle because their contract with you is not you personally but your business and unless you work for this new company self employed, the contract is between you personally and the new employer. “Vid” the person is not the same as “Vid Driving Limited” - they are separate legal entities in the eyes of the law therefore the temp to perm conditions of the contract the agency has with their client wouldn’t stand up in court as the company would be employing Vid not Vid Driving Ltd.
I’d speak to this company and explain you’re on no notice period. Explain that you can give notice and join off the street if they’re willing to offer you a start date. If I were a company I wouldn’t let an agency dictate who I employ off the street. Temp to perm. Sounds like a load of old hogwash for the agency’s benefit.
James the cat:
Agency can’t dictate who employers take off the street. Surely they also can’t dictate where you go after you leave them on your notice.
You’re right they can do neither of those things but they can have a penalty clause for clients taking on their workers.
James the cat:
Agency can’t dictate who employers take off the street. Surely they also can’t dictate where you go after you leave them on your notice.
You’re right they can do neither of those things but they can have a penalty clause for clients taking on their workers.
If they’re a major client (such as Nobbies to Milestone) I’d be amazed if they (the agency) were prepared to rock the boat.
Just leave the agency,give them a weeks notice,you dont have to tell them anything about where you’re going ,it’s none of their business and your prospective employer can employ anyone they like and that’s nothing to do with the agency either.
I worked for a company some time ago who took on a number of agency drivers,the agency tried to bill them so my compay said ok we’ll pay but you wont get any more business from us,they backed down.
In my experience agencies are bags of wind and will come up with any bull to suit their needs…just go to the new job.
the agency is pulling the wool over the TM to be fair, you have already if working full time for the same company been there for the ‘qualifying’ period. they have chanced their arm and mentioned the 12 weeks, trust me they wouldn’t win a thing against your new company if they pushed it.
On PAYE, work is notified day to day rather than week to week or more.
I really don’t see what I can do if the agency is going to stick rigidly to their agreement with the client and the client is unwilling to push things from their side. Just leaves me outside looking in with others deciding my future (or lack of one0.
add the days up if its more than 12 weeks at 5 days a week then your ok, tell the agency they either move it or you wont work for them, what agency is it? I would be speaking to the manager giving them an ultimatum and going elsewhere.
OVLOV JAY:
Is there actually a law that the agency can enforce, or is it all agency bs?
Contractual law. It is a term of their contract with the clients. And as to war1974’s suggestion of adding up the days and seeing if it comes to 13 weeks, doesn’t work like that. The temp to perm clause kicks in only when the client notifies the agency and the 13 weeks starts from then.
war1974:
add the days up if its more than 12 weeks at 5 days a week then your ok, tell the agency they either move it or you wont work for them, what agency is it? I would be speaking to the manager giving them an ultimatum and going elsewhere.
I won’t name the agency, at least not until I’ve spoken directly to the main man there and heard his side of things.
As said above, me going elsewhere only results in the agency putting someone else in with the client and me hoping that there’s something else out there that meets my requirements well enough.
Definitely several agencies and a number of companies advertising closer to home, little choice really other than to look closer at these over the next few weeks.
yorkshire terrier:
Balls to the agency just jack with them start your new job and see if they will give you the 2 weeks holiday,no loyalty wherevagency are concerned.
Can’t start a job if the prospective employers are the ones to say it is not longer available to me.
