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Mis-informed by agency about contract length

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    #11
    Originally posted by configman View Post
    I've had similar, the contract was advertised as 3 months but as soon as I arrived on site the agent gave one months notice as stated in the contract. ClientCo told me it was always going to be one month only anyway. I still had all the paper work - ad, contract, emails and used them against the agent to agree 2 months fees for one months work to for me to not take it any further. It is quite a common trick of desperate agents who can't find anyone to do a short term contract. I always confirm with ClientCo about length of contract and possible extensions.
    I kid you not, if an agent did that to me I'd sue the pants off them and haul them through REC or APSCO for breaching the Code of Conduct. Not only is it unethical, its actually misrepresentation and you could potentially sue them for the full value of the contract. Any agent that does that is just asking to get sued........

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      #12
      Originally posted by mavster07 View Post
      I kid you not, if an agent did that to me I'd sue the pants off them and haul them through REC or APSCO for breaching the Code of Conduct. Not only is it unethical, its actually misrepresentation and you could potentially sue them for the full value of the contract. Any agent that does that is just asking to get sued........

      The agency bodies are useless and won't help you as they are self-regulating, so you would have to go to the courts.

      To go to the courts you would need proof - preferably written proof otherwise you just throwing good money after bad.
      "You’re just a bad memory who doesn’t know when to go away" JR

      Comment


        #13
        Originally posted by jimford View Post
        Hello,

        One of my colleagues is going through a rough phase, as his recruitment agency mis-informed him about the contract length (6 months instead of actual 3 months). He got a shocking news from his manager that his contract is expiring this month.
        My friend has been given a written contract document by the agency which states that the contract is valid for 6 months. When asked to the manager about that, he told that it was actually agreed only for 3 months. My friend relocated to this new place because of the length of contract and signed a 6 month rental agreement. I have a few questions about it...

        Has anybody else you know experienced a similar problem with their agency?
        Please advise whether my friend has any rights in the UK to sue the agency.
        If yes, what is the best way to proceed?
        Also please let me know if there are any websites that give detailed information.

        ThanQ very much for the help....
        Simple answer is that the contract is with the agency, not the client. The client informing you the contract is ending is not considered to be notice - they have to inform the agency, and the agency has to then explain why the contract is ending early. If they say that the client gave notice, you can catch them in a lie and demand they explain why the contracts don't line up, because they are supposed to. It certainly sounds dodgy to me.......in my view, the contract is for 6 months and unless you've breached it they have to honour the notice period.......

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          #14
          Originally posted by jimford View Post
          Hello,

          One of my colleagues is going through a rough phase, as his recruitment agency mis-informed him about the contract length (6 months instead of actual 3 months). He got a shocking news from his manager that his contract is expiring this month.
          My friend has been given a written contract document by the agency which states that the contract is valid for 6 months. When asked to the manager about that, he told that it was actually agreed only for 3 months. My friend relocated to this new place because of the length of contract and signed a 6 month rental agreement. I have a few questions about it...

          Has anybody else you know experienced a similar problem with their agency?
          Please advise whether my friend has any rights in the UK to sue the agency.
          If yes, what is the best way to proceed?
          Also please let me know if there are any websites that give detailed information.

          ThanQ very much for the help....
          I can't help with the agency contract side of things, but I hope your friend is trying to negotiate an early exit from the rental agreement. I know someone who was terminated early and was able to end his agreement 1 month early (with a fair amount of notice to the landlord).

          Comment


            #15
            Originally posted by GillsMan View Post
            I'm confused. So the agent paid you two months fees? I.e. double your money? How did that work then, they wouldn't have been able to bill the ClientCo for the extra work, so they would have lost a lot of money. Especially given that, while it's a heinous mistake to make, the client can always get rid of you at any time regardless of the length of contract or notice period.
            It's quite simple - I could prove beyond all doubt that my company services were obtained criminally by an act of deception - Thefts Act 1986. In laymans terms I was lied to to get my services, had I been told the truth I would not have turned down another contract in favour of this one. I accepted compensation of one months fees and took it no further. It certainly was not a mistake, it was quite a deliberate act by the agent. This was proven when the client showed me their contract with only one month.

            Comment


              #16
              Originally posted by configman View Post
              It's quite simple - I could prove beyond all doubt that my company services were obtained criminally by an act of deception - Thefts Act 1986. In laymans terms I was lied to to get my services, had I been told the truth I would not have turned down another contract in favour of this one. I accepted compensation of one months fees and took it no further. It certainly was not a mistake, it was quite a deliberate act by the agent. This was proven when the client showed me their contract with only one month.

              You got proof which is what is needed if you are going to threaten the agency with court action.

              It's surprising how many contractors don't talk to the end client about contract length etc.
              "You’re just a bad memory who doesn’t know when to go away" JR

              Comment


                #17
                Originally posted by SueEllen View Post
                You got proof which is what is needed if you are going to threaten the agency with court action.

                It's surprising how many contractors don't talk to the end client about contract length etc.
                It wasn't a threat.

                Comment


                  #18
                  Originally posted by configman View Post
                  It's quite simple - I could prove beyond all doubt that my company services were obtained criminally by an act of deception - Thefts Act 1986. In laymans terms I was lied to to get my services, had I been told the truth I would not have turned down another contract in favour of this one. I accepted compensation of one months fees and took it no further. It certainly was not a mistake, it was quite a deliberate act by the agent. This was proven when the client showed me their contract with only one month.
                  Good to hear someone sticking it to them for once...
                  Free advice and opinions - refunds are available if you are not 100% satisfied.

                  Comment


                    #19
                    Originally posted by configman View Post
                    It's quite simple - I could prove beyond all doubt that my company services were obtained criminally by an act of deception - Thefts Act 1986. In laymans terms I was lied to to get my services, had I been told the truth I would not have turned down another contract in favour of this one. I accepted compensation of one months fees and took it no further. It certainly was not a mistake, it was quite a deliberate act by the agent. This was proven when the client showed me their contract with only one month.


                    On that basis you should report the agency to APSCO or REC and have them de-registered.

                    Either that, or, name and shame them on some useful forums like this one !!!!!

                    Comment


                      #20
                      Originally posted by mavster07 View Post
                      On that basis you should report the agency to APSCO or REC and have them de-registered.

                      Either that, or, name and shame them on some useful forums like this one !!!!!
                      They rectified their misdeed and I was compensated for it, reporting to any self-regulating body achieves nothing. This would actually have been a criminal case and if it wasn't compensated that is the route I would have taken. I agreed not to mention names as part of the compensation.

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