Reporting an agency to the regulatory body

[thom234]

An agency I dealt with recently acted unprofessionally and broke the regulations that govern agencies (e.g., they put me forward for a role without my permission, didn't inform me of the client, etc).

Which body regulates employment agencies? How do I go about reporting them?

Thanks,
Matt.

[malvolio]

Reporting them>

REC or ATSCO, depending which agency and who they are affiliated with. Both have complaints procedures - but don't hold your breath!

Alternatively, if it's a dodgy business dealing as opposed to merely standard practice shark-like deception, speak to Trading Standards, who will know where to go.

[mailmannz]

Re: Reporting them>

Report them to the Department of Trade and Industry.

Regards

Mailman

[tim123]

Re: Reporting them>

Whoever it is you report them to, they will just got to their cupboard and find their fish. It's probably ages since they used it so it will be rather dry by now, and you'll have to wait a few hours whilst they soak it until it is wet enough to slap someone with.

Do you expect anything else to happen?

tim

[thom234]

Re: Reporting them>

I’ve no prior experience of dealing with the regulators to know what to expect. However, I do know that a) they’ve broken the regulations b) the onus would be on them to provide documentary evidence to the contrary – which they won’t have.

I seem to remember hearing that new strengthened regulations had come out recently. If the regulators can’t do much, I’d hope that somebody does (perhaps the DTI?) Little point strengthening regulations if they aren’t enforced.

[malvolio]

Haven't been doing this very long, have you

Not meaning that in a nasty way, but to expect some salesman to worry about your legal reponse if it is between him and a profit is a little optimisitic. If the agency tolerates such behaviour - and you can test that by writing a strong letter to their MD asking them to explain themselves - then they are not going to be upset by a reprimand from regualtory bodies who have no real power. You mean, you really think this administration has any interest in defending business interests unless they add to their own assets?

[Mordac]

Thom234 - don't waste your time, learn from the experience and get over it. It happens every day, and it's frankly not worth getting worked up about. REC and Atsco are run by the agencies anyway, and the DTI is part of the government, which couldn't care less about contractors, and consequently nothing will happen. Name and shame the agency on here if you like, sharing our own experiences helps us all to avoid the sharks. I have 13 years contracting behind me, and it still happens occasionally, it's sadly part of the job.

[thom234]

Thanks Mordac,

I wasn't aware that the regulators were run by the agencies - slight conflict of interest!

I have learnt of a few sharp practices recently, however some things are quite difficult to avoid. For eg, agencies won't talk about a role till they have your CV, but that gives them licence to forward it on without your permission.

I'm not too worked up about but am determined that something should be done about this kind of sharp practice. As you say, I suspect that naming is shaming is the best way. I often speak to contractors about good & bad agencies - and clients often ask me for recommendations so I'll make sure the two agencies are mentioned in -ve terms. A few lost contracts from –ve feedback will cause them more pain than I suffered.

I'd be interested in your thoughts on what happened as to whether their actions are illegal / immoral and who's to blame for what. It’s a long story, but if you get a mo, the situation is as follows:

I call Agency H about a role - they tell me the details (included the company name), ask me loads of questions about my employment history, references, etc. They say the role pays 10 beans a day. They say they'll send me details thru by email. I never get the email.

2 days later, Agency B calls me about the role. I explain that I've spoken to H about it, but they never got back to me. B sound helpful though they can't confirm who they client is (but they do drop some clear hints). However, B says that the rate is fixed at 6 beans a day. I mention that H quote 10 / day - they suggest that that figure might be wrong as it doesn’t match what they’ve been told. After a bit of umming and ahhing they decide that they can stretch the fixed 6 beans a day to 7 and eventually a minimum of 8 / day. I tell them I’ll think about, t speak to H again in the morning to clarify the rate and make a decision then. B asks if they can call me for the decision - I tell them they can call me at 10.

At 8.30 and then at 9.15 B try to call me for a decision, presumably so I haven’t had chance to call H.. I call H who confirm the rate and say they have people on site already at 9 / day. I decide to go with H’s 10 /day and let B know – B have already sent my CV thru (which is a shame as I wanted to edit it before sending it). They also reassure me that the client will pay 10 / day for the right person. I explain this to H and say that , given that I didn’t permit my CV being sent by B, I want to go thru H. H send my CV over. Initially, I get an interview thru B – however, when the CV comes thru via H (with 10 /day) the client withdraws.

B claims that I’ve been priced out of the market by H. H claims that the client favours B as they’ve worked with them in the past. I email B to complain that they sent my CV without permission and (according to info from H) at a rate I didn’t agree and seemingly some deceit about the rate on offer. I invite them to respond but they never do. Meantime, H (without my knowledge) has been pushing the client into giving me an interview by claiming that they’re not allowed to discriminate based on which agency I go thru. They tell me (verbally) they’ve got the i/view back on. I say that it’s pretty unlikely the client will be interested given the circumstances. H reckons that the client are more peed off with the H and B than me. I figure I’ll go to the I/view if only for a bit of practice. I’d already got the day (Monday) off based on the initial i/view so I decide to keep that as a day off. H says they’ll call me on Friday or Monday to confirm the details. Monday comes – no phone call so I call H. There is no interview – there never was.

I complain to H but they don’t reply to my calls or emails. I eventually threaten to report them and ask them to email me so that I have a record. Instead, they call me (presumably having found my new number - which I’ve never given them - on a job site). They basically state that as I have no proof of an interview they won’t provide any recompense. They also tell me that I have no legal case (which I pretty much new). I explain that in that case I’ll be letting others know. They warn me to be ‘very careful’ as I have no proof (can’t see how it’s possible to prove of disprove a phone call conversation!). They’ve referred it to the regional manager but he’ll doubtless say the same.

I do believe that I have proof about B’s conduct. That’s because, H had earlier stated that B was in breach of the regulations by putting me forward a) without my permission, b) without informing me of the client’s name, and c) without getting details of my full employment history and referees.

I go back to B and ask for details of their regulator. They put me in touch with someone who dismisses my claims (having run it past their Legal dept) by saying that a) sending my CV initially meant I’d given permission, b) they never attached a rate to my CV, c) 10/day was never realistic (even though they’d previously said that the client would pay up to that, d) they never guaranteed any rate (they did in fact verbally guarantee a minimum of 8 /day). They ask me if I have proof that they guaranteed this (which translates as: “can you sue us?”)

So…I’m now thinking that I might write to the client to explain what’s happened. The client are the only independent party who know what really happened and I also want to make sure that my reputation with them isn’t damaged. Both agencies reckon they have staff on-site so I think the client needs to know how they operate.

In terms of the regulators or DTI, it may well be a waste of time – but for future ref, does sending a CV give permission to forward it to the client? Do agencies have to reveal the client’s name before sending a CV over? Do they have to get referee / employment history details prior to application?

[tim123]

How is not being prepared to talk about a role before receiving a CV a sharp practice? If they didn't do this agent Harry and agent Dick would be ringing up agent Tom to steal all his jobs off him.

Agreed, if the job doesn't exist and it is just a scam to get CVs then it's sharp practice, but the sin is advertising the non-existant job, not asking for the CV.

tim

[thom234]

Tim,

The sharp practice isn't asking for the CV before discussiing the role - that's perfectly understandable - it's forwarding it to the client without the contractor's permission which strikes me as - at the least - immoral. Particulary when I've told the agency that I haven't committed to going through them.

[EDIT: and allegedly adding a rate I haven't agreed to]