Lots of good reading here... https://nortr3nixy.nimpr.uk/threads/what-do-job-agencies-really-mean-rant-3.92404/
What a thread that was. All time top 3 on NSC.
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[Finance] Advise with recruitment
- Thread starter LockStock
- Start date
What a thread that was. All time top 3 on NSC.
schmunk
Why oh why oh why?
It's worth noting that one does not need to *sign* a contract to be bound by it, as long as fair notice of the terms is provided (e.g. parking charges) but if LockStock genuinely hasn't received a copy of the terms from the agency, then there's no way they can enforce them.
clapham_gull
Legacy Fan
- Aug 20, 2003
- 25,876
Superb stuff. The legend that was BHAExpress.
He was once behind in a queue and I knew it was him because he was having a conversation in exactly the same way he posted.
Really need a "hall of fame" on here.
NorthstandRacoon
Well-known member
The fee should be what the fee is on the terms. Unless otherwise stated. If the terms are not signed by both parties, they have no leg to stand on. Unless, there are written emails of agreements in principal and recorded phone/zoom meetings, then they actually have a case. We sometimes go looking for lost fees, but, only with clients who have term’s signed.
NorthstandRacoon
Well-known member
Agreed. Some agencies are scumbags, I do get why they can gain a bad name though, we are very niche and provide a service over just making £££ so its a lot easier to do business.
Some of the insults on there are next level. Can you imagine people talking like that on NSC today!? The world would end.
schmunk
Why oh why oh why?
- May 8, 2018
- 10,620
bluenitsuj
Listen to me!!!
Ask them to forward you proof that you agreed to any terms and conditions ( they obviously cannot). Then tell them that you will not be paying anything to them, even if they continue to threaten you.
They don't have a leg to stand on so please don't worry about it. If they continue to harass you then I would turn the tables on them and accuse then of blackmail and harassment, while naming and shaming.
- Thread starter
- #30
I have done this and they replied with a copy of the terms but not proof that they sent it as requested.
So I have gone back over some older emails they sent with CV’s for other people who were not suitable for us, and there is some T&Cs attached to that. Last one was a year ago. They have said, because we had previously been sent them for other candidates, we are agreeing to the terms they set and they have not sent any for this one as they 'didn't want to bother me with them'. From the times I've spoken to them in the past we never even got to a point of having a conversation on the phone with anyone, let alone an interview. I never contacted them in the first place, it looks like the initial contact has come from them following up an add we put on indeed and saving our details after that.
My gut feeling is that, I want to offer something more out of not wanting the stress of them constantly calling and emailing. But I'm concerned if I offer anything, then I'm accepting that I should pay full stop.
I hate it when people paint a whole trade in a bad light due to a few rotten apples, but this is my first and will defiantly be my last time of dealing with anyone in this industry.
LamieRobertson
Not awoke
Surely if its a written offer stressing that you dont admit liability etc but as a gesture of goodwill then that would suffice?
Weststander
Well-known member
- Apr 19, 2018
- 2,134
It's like watching a Man United vs Arsenal game of the same era. Lots of challenges that'd be an instant red card today but barely ruffle any feathers at the time.Lots of abuse and aggression
I own and run a recruitment that turns over £10 million a year and have worked in recruitment since 2007.
Honestly, tell them to piss off.
It is possible to enter into a binding contract without signed paperwork.
However it will make it difficult for the agency to litigate against you as the first port of call for the court will be a mutually agreed (signed) contract which does not exist.
The fact that you were in regular contact with them and there is email traffic where you utilise their service does help their case.
The penalty clause on payment that they are trying to push may fail under Unfair Contract legislation.
Depending what the terms say, there may also be faults that render their case unwinnable.
When I have faced similar issues, and where I felt the supplier had provided some value, the approach I took was:
Writing without prejudice; say that no contract exists; therefore the terms do noy apply; the invoice is not legitimate; you are prepared to make an offer of x as a goodwill gesture; clearly state that acceptance of the goodwill payment implies agreement to full and final settlement of the matter; give them 14 days to accept.
If you are not confident to draft this yourself, get a legal professional to do it.
However it will make it difficult for the agency to litigate against you as the first port of call for the court will be a mutually agreed (signed) contract which does not exist.
The fact that you were in regular contact with them and there is email traffic where you utilise their service does help their case.
The penalty clause on payment that they are trying to push may fail under Unfair Contract legislation.
Depending what the terms say, there may also be faults that render their case unwinnable.
When I have faced similar issues, and where I felt the supplier had provided some value, the approach I took was:
Writing without prejudice; say that no contract exists; therefore the terms do noy apply; the invoice is not legitimate; you are prepared to make an offer of x as a goodwill gesture; clearly state that acceptance of the goodwill payment implies agreement to full and final settlement of the matter; give them 14 days to accept.
If you are not confident to draft this yourself, get a legal professional to do it.
- Thread starter
- #36
Do you think yourself or one of your team may be able to spare some time to go over this with me, I'm happy to pay for any time.
The logical side of me says, just it ignore it but they are being fairly persistent and I'd rather just try close the matter. If I'm mistaken pay what is owed and if I'm not tell them where to go without a drawn out legal fight.
I’d suggest seeking a legal opinion. They can also advise on next steps and how to conclude the situation legally and professionally. Maybe @Commander has a legal department or contact?
Yes of course, more than happy to have a chat with you about it, and you don't need to pay. I must stress that any advice I am giving is based on my experience in recruitment over the years rather than giving qualified legal advice though, I'm not a lawyer. PM me.
- Thread starter
- #39
Firsthly thanks to everyone who gave some advice on this, especially Commander who kindly took the time to run through it with me.
They have now passed this on to a no win no fee type debt collector, if anyone could recommend someone who deals with this type of legal dispute that would be great. Happy to pay, would rather fight my corner than just roll over to these type of tactics. Weather I'm right or wrong, I know its this is not the way to do business.
They have now passed this on to a no win no fee type debt collector, if anyone could recommend someone who deals with this type of legal dispute that would be great. Happy to pay, would rather fight my corner than just roll over to these type of tactics. Weather I'm right or wrong, I know its this is not the way to do business.
The one thing that really hacked me off about recruitment agents when I used them over 10 years ago was that when they wanted me to go for an interview they were my best pal, but then if I didn't get the job they couldn't be more silent. A 10 second message from them was too much trouble. I had to assume that the application had been unsuccessful. No news was bad news. Shoddy behaviour.
And then there was the one that found me a job but played too hard ball with the salary I was after and caused it to fall through.
I'd always now favour directly approaching companies - and I know people who have got employment this way.
And then there was the one that found me a job but played too hard ball with the salary I was after and caused it to fall through.
I'd always now favour directly approaching companies - and I know people who have got employment this way.