Understanding Job Trial Periods
McLaren Recruitment
As a specialist recruitment and HR consulting company we pride ourselves on delivering results, not surprises.
You’ve just scored that great new job. Congratulations! But then you discover your new employer wants to put you “on trial”. What does this mean for you?
In December 2023, changes were made to employment legislation around the use of trial periods. Fear not! With the help of our top tips, a trial period needn’t feel like the bogeyman lurking in your employment agreement. We’ll break down what you need to know.
What’s changed?
Previously a trial period could only be used for organisations with 19 employees or less; the new changes now allow trial periods to be used by organisations of any size.
Time is on your side
The employer must give you sufficient time and opportunity to consider the terms of your employment agreement, including a trial period, and seek advice, before you sign on the dotted line.
They can’t put you on trial after you’ve started
A trial period clause can’t be inserted into your employment agreement after you set foot through the door. And a trial period clause is invalid if both parties haven’t signed the written employment agreement, containing the clause, before ‘day one’.
It’s also important to note that if you have ever worked for that employer previously, they can’t include a trial period in your new employment agreement.
90 days – more or less?
You might not realise, but the trial period can be shorter (but not longer) than 90 days. If for any reason you are not comfortable with 90 days, you can try negotiating a shorter period with your employer.
In our view, though, a 90-day period is best for both you and them, as it’s a suitable period for you to get to know each other properly.
It’s important to note that a trial period, once fixed, can’t be extended and the length of your trial period must be stated in your contract.
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