I got Back Stabbed by an Agent(!)... your help welcome

[shanti]

Here's the story.

1. Went through an agent to get an interview for a contract
2. Had the interview with a company
3. Got the okay and offer to hire
4. Had the contract sent through by the agent
5. The rates are different the terms are crap
6. Had a spat with the agent
7. The agent starts insisting on refrees all of sudden
8. I have the suspicion that they are trying to oust me by canvassing bad references
9. I say - agree terms first, then references
10. Escalate the matter to the M.D of the agency
11. She is hopeless and backs her consultants
12. She then goes to the client and has a meeting
13. Next thing I know, I am told the client has withdrawn the offer
    

Do I have any come back?

I have been backstabbed by the agent to the client - maybe labelled as difficult because I am not prepared to sign up to their lock-up clauses and insist on transparency in their rates.

I know, as I get some email saying the client is not prepared to agree to the removal of termination clauses. Wait a second, I was not asking for this?

I can try going to the client and seeing why they did this? But not sure if they have swallowed the agencies propaganda?

Are the agents duty bound to provide information fairly and correctly to the clients?

Do I have any other way of addressing this situation, (legal?) as an offer was made and I extended my rental contact based on that. Now I am stuck.

Welcome views... please.

[The Lone Gunman]

The conduct of employment agents act (assuming that you didn't opt out) states that you and the agent must agree terms to be met before being put forward.
I assume you told them the things you wanted in a contract?
If they are now saying that they could not confirm those requirements then they should not have put you forward. They have therefore broken the law.
This law is, however, toothless and useless.
Report them to the DTI and ask their advice. If they say there is a case then you should be able to recover costs and possibly charge for time wasted but I would not bank on it.


As ever: I am not qualified to give this advice.

[Jubber]

I would write a nice polite email to the client thanking them for their time and mention how disappointed you were that contractual terms couldn't be agreed with the agent and I would state what they were.

Then get back to Jobserve.

[BrilloPad]

I would write a nice polite email to the client thanking them for their time and mention how disappointed you were that contractual terms couldn't be agreed with the agent and I would state what they were.

Then get back to Jobserve.

WHS

[NotAllThere]

I was just going to say that!

On occassion, such action has resulted in an offer suddenly being remade. In the event that it doesn't, report the agency to the DTI, invoice the agency for your time and effort, and get back to jobserve.

[scooterscot]

Name and shame.. Was it Elan per chance?

[shanti]

Thanks - welcome feedback...

The conduct of employment agents act (assuming that you didn't opt out) states that you and the agent must agree terms to be met before being put forward.
I assume you told them the things you wanted in a contract?
If they are now saying that they could not confirm those requirements then they should not have put you forward. They have therefore broken the law.
This law is, however, toothless and useless.
Report them to the DTI and ask their advice. If they say there is a case then you should be able to recover costs and possibly charge for time wasted but I would not bank on it.


As ever: I am not qualified to give this advice.

So, if I got this right - you are saying that they should have agreed terms prior even to sending me in for an interview??

I basically got into a spat with them after the interview, as thats when I got to see the terms on their contracts, which did not seem fair. I have a documented email trail of the adjustments I wanted. It said on their contracts that I will be assumed as opting out - if I sign. But I did not sign it.

My point in law - is that should have all been agreed prior to interview, is that correct?

[ratewhore]

My point in law - is that should have all been agreed prior to interview, is that correct?

In my opinion, offer and acceptance is always subject to terms and conditions. These are variable at any time before contract signing or starting (whichever is earliest). This is part and parcel of contracting.

Jubber offers good advice. I would take it.

invoice the agency for your time and effort

yeah, right!!

[blacjac]

So, if I got this right - you are saying that they should have agreed terms prior even to sending me in for an interview??

I basically got into a spat with them after the interview, as thats when I got to see the terms on their contracts, which did not seem fair. I have a documented email trail of the adjustments I wanted. It said on their contracts that I will be assumed as opting out - if I sign. But I did not sign it.

My point in law - is that should have all been agreed prior to interview, is that correct?

If you did not explicitly opt out before meeting the client (and from the sounds of it you didn't), then you are covered by the regs.

I would send a nice polite email to the client, and cc the agent & MD myself.

[NotAllThere]

...yeah, right!!

I wasn't suggesting that they'd pay!