What laws apply to recruiters/agencies?

[d000hg]

Everyone here is quick to tar them as corrupt and slimy but are there any laws that regulate what they can and can't do?
This whole opting out thing - what's that about for instance?
And what's supposed to happen if two agencies submit your CV to an employer/client, or if an agency submits a CV and you contact the company directly as well?

[expat]

Everyone here is quick to tar them as corrupt and slimy but are there any laws that regulate what they can and can't do?
This whole opting out thing - what's that about for instance?
And what's supposed to happen if two agencies submit your CV to an employer, or if an agency submits a CV and you contact the company directly as well?

If two agencies submit your CV to a potential client, the potential client will decide what to do about that: go via one of the agencies (their preferred, or the cheaper, or the first), go via both and see what happens, or bin the CVs because they don't want the hassle of rguments about who gets the contract.

If an agency submits your CV and you go directly as well, the agency should gently withdraw from the process. their function is to make introductions, and that wasn't needed in this case. In no way do they have any interest in it.

I note that IMHO it is the agencies who are at fault here. It need not be a problem that a CV comes via 2 agencies. If the client and the contractor come to an agreement about which they will use, that should be an end of it. But the client knows that the agency not chosen will start yelling about having priority, as if the very fact of suggesting a particular contractor should prevent anyone else from doing so.

It's like Tesco and Waitrose both wanting to sell e lamb chops, and when I stop in Tesco and check out theirs, then go to Waitrose and decide to buy theirs from the same produces, Tesco whinge that they presented them first.

But then, most of the agency model would be laughable anywhere else. Imagine if your bank said that not only must you agree not to have any other bank accounts, but you agree to have their bank account for 6 months, and you are not allowed to have an account with another bank for 6 months after leaving them. Or if you want to change banks, there will be a penalty of 25,000.

[TheBigYinJames]

But then, most of the agency model would be laughable anywhere else. Imagine if your bank said that not only must you agree not to have any other bank accounts, but you agree to have their bank account for 6 months, and you are not allowed to have an account with another bank for 6 months after leaving them. Or if you want to change banks, there will be a penalty of 25,000.

Taking that analogy farther, the way banks retain customers is by offering them preferential rates to stay or better customer services, not legal tie-ins.

It used to be the case that some agencies offered a cut rate for renewals (Rullion used to do this) but I don't see it much any more, and they resort to legally binding you rather than by offering a competitive service.

[Beefy198]

Everyone here is quick to tar them as corrupt and slimy but are there any laws that regulate what they can and can't do?
This whole opting out thing - what's that about for instance?
And what's supposed to happen if two agencies submit your CV to an employer/client, or if an agency submits a CV and you contact the company directly as well?

I think my issue is that most agents don't appear to know the laws that they are meant to abide by purely because the agencies don't either.

The opt out basically covers employment rights such as the guarantee to be paid even if the client goes bust, reduces the fees they can charge your client if you go direct at the end of your contract and also puts some onus on the agency to check what you've claimed on your CV is true. There's more to it than that but that's the highlights.

The agencies don't like this as it could cost them money if the client stops paying them, if you go direct and don't renew the contract through them and also the extra admin in checking your qualifications etc.

You can't opt out after you've been 'introduced' to your client (i.e. met them) and they can't insist that you opt out to use their services. However, a lot of them tell us that we HAVE to opt out to take a job or get you to sign the opt out with the contracts.

If you don't want to sign it stick to your guns and your agent eventually ends up backing down.

[Bluebird]

But then, most of the agency model would be laughable anywhere else. Imagine if your bank said that not only must you agree not to have any other bank accounts, but you agree to have their bank account for 6 months, and you are not allowed to have an account with another bank for 6 months after leaving them. Or if you want to change banks, there will be a penalty of 25,000.

Thats called the Northern Rock model....