Is it legal?

[johhnysalad]

I read <removed> today;

The Job That Isn't

Another good one is to find that an agent has put an advertisement on the job board for a phoney job. The agent uses the ad to collect CVs for the database, or to see what's out there in case something comes up. This one is also illegal, so complain to the REC for this too. As is that phone call from the agent who loves you and has just the perfect thing for you...only it doesn't exist--the agent is just checking out market conditions.

Anyone know if it's actually illegal or just breaching some kind of REC self-regulatory code? Anyone ever complained

I'm certain I've been hooked into providing CV for a fake job in the past - I'm getting fed up with some of the idiot agencies out there... Anyone know of any "rating" system

[SueEllen]

False advertising to consumers is definitely illegal so depending on your work structure recruiters who do this are breaking the law. However no one can be bothered to chase them up as it's hard to prove.

Dealing with fishing agents is part and parcel of contracting.

If you are really p!ss of with an agency check they are registered with the Information Commissioner under the Data Protection Act (http://www.esd.informationcommission...esd/search.asp ) and then dob them in for failing to notify. They sometimes bother to do something and sometimes they don't but don't like recruitment agencies anyway.

Also if you don't want your CV on an agent's database you can request they stop processing your personal data in writing, and if they refuse to do so you will report them to the Information Commissioner.

I did this to one agent and he was most upset. He telephoned me especially to shout at me and accused me of threatening him.

[NotAllThere]

Just cos something is illegal doesn't mean anything can or will be done about it.

[thunderlizard]

It's legal, and not mentioned in the Atsco code of practice.

[Moscow Mule]

It's legal, and not mentioned in the Atsco code of practice.

I think it's illegal under the same bit of legislation that made them define themselves as an employment business or agency.

[thunderlizard]

Mule, you are right. A small slice of humble pie for me.

27 (2) Neither an agency nor an employment business may issue or cause to be issued an advertisement about positions which hirers seek to fill unless the agency or employment business has -

(a) information about specific positions of all types to which the advertisement relates; and

(b) in relation to each such position, the authority of the hirer concerned to find work-seekers for that position, or the authority of an agency or employment business, which has such authority to issue the advertisement or cause it to be issued.