Representation: honestly approached out of the blue by client I have already been rep

[tzara]

I was in the pub the other day when a stranger asked me for a light. We talked and it turned out we were in the same business and his company could really do with someone like me contracting for them. After discussing the project and shooting the tulip I said I'd be really happy to talk to them about pursuing a role.

However, it turns out the company involved has already had my CV sent to them by an agent I've worked with. I mentioned this and said I was concerned about right of representation. They said there was nothing underhand or duplicitous about our handling things between the two of us, since this was a chance meeting, they'd approached me directly without the benefit of the agency.

I'm insure if this is generally the case though. The role sounds fantastic and obviously from my perspective it would be ludicrous to have to bring in the agency to receive a cut from whatever business I conduct with these people considering the conversation currently doesn't involve them at all. However, I've heard of people being taken to court over such things — the client would be the culprit if there was one, they (the potential client) said, but my feel for the legal implications is sketchy.

Add to this the fact that I'm on pretty good terms and in regular contact with somebody at the agency, I'm not sure how to handle this. Any advice?


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[Boney M]

Did you send them a email saying you were happy to be represented or similar? Might find a bit of rocky ground if so

[Wanderer]

However, it turns out the company involved has already had my CV sent to them by an agent I've worked with.

Did you give explicit permission for the agency to put you forward to that client or did the agency send the CV to the client and you didn't know who they were?

If it was the latter then the agency can't do anything about it so cut them right out.

The client could also argue that they saw hundreds of CVs and just binned most of them so it wasn't an introduction.

Either way, I wouldn't feel bad about cutting the agent out. They won't be happy about it but they understand that it's just business and they will forget all about it by the time you are looking for your next role.

[northernladuk]

My question would be how much would the difference in rate be between going direct and going through the client. I don't think it is a given that the rate through the agent will be less if you play hardball and particularly if you are giving them a role. Some clients will pay you say £400 a day and the agent will have £400 a day available with the client pays his percentage. Costs the client a bit more but the rate you can get is the same. Going direct doesn't always mean you will get more cash in your pocket. The client will save the agency commission but it isn't a rule that you get it instead.

If you can find out if you will pocket the same then just go through the agent. How you find that out without exposing your hand to the agent I am not sure though. Maybe ask him about rates at the client without reminding him you have applied or mentioning the direct option possibly? If client says £400 and agent says £400 then you don't have a problem?

[stek]

I was in the pub the other day when a stranger asked me for a light.


Any advice?


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Yeah, Google 'UK Pub Smoking Ban'

[tzara]

@Wanderer, @Boney,

I was specifically told about an opportunity with the end client by the agent just over a month ago. At the time there was no spec and I was given a day's worth of technical tests, so I pursued other opportunities.

@stek,

In this case I'm fairly sure it's the license-holder that takes responsibility for enforcing the ban and faces punitive action from the state if they fail to do so. In any case the agent did not witness the event in question so I'll sleep easy without involving them in that debacle.


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