Restrictive Agency Practice

[chapeau]

Just wondering whether anybody else has come across this problem and what can be done about it.

So I applied for a newly advertised position through Agency A. Agency A came back to say client would not speak to them as Agency B had already submitted my CV and they had a twelve month clause in their contract with client that they had sole claim to me for 12 months.

I think I know who Agency B is, but cannot prove it, and client not interested in telling me. Now I know who client is I wasn't interested anyway and told them so.

However I'm not too happy about Agency B thinking they can control my job applications for 12 months. I appreciate that the job agency industry are the least ethical business group I have ever dealt with, and one has to be pragmatic when dealing with such scum, but this is really annoying me.

So, my reading of Regulation 6 of the employment agency regulations says that an agency cannot do anything to my detriment ( http://www.opsi.gov.uk/si/si2003/20033319.htm#6) . The explanatory notes ( http://www.berr.gov.uk/files/file24248.pdf) clarify this and say I can work via another agency if I so wish.

This is notwithstanding the fact that an agency needs to have my permission to submit my details, and seeing as I didn't speak to anybody about the job before it was advertise, that would be difficult.

Other breaches of the regulations have occurred, but I put that down to agencies in general, and as I said I am pragmatic when dealing with them.

So, what can one do about it?

[NotAllThere]

...Agency A came back to say client would not speak to them as Agency B had already submitted my CV and they had a twelve month clause in their contract with client that they had sole claim to me for 12 months....

Client stupidity is very difficult to do anything about. Agency B haven't a leg to stand on. If you could show you'd lost money because of them, you'd be able to sue. IANAL.

Personally, I'd name and shame, and then move on. I doubt the agency is not well known (and probably avoided) by us all.

[TheFaQQer]

This is notwithstanding the fact that an agency needs to have my permission to submit my details, and seeing as I didn't speak to anybody about the job before it was advertise, that would be difficult.

If that's the case, then complain about the agency submitting your details without your approval to the DBERR - they do look into the complaints if there is a case to answer.

However, if the agency did have your permission to submit it to the client (possibly in the past 12 months?) then the agency regs don't come into it - this is a contract between agency and client, rather than you and the agency and the client.