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shafting an agent?

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    #11
    I much prefer the direct contract. All you need is the correct insurance (available for less than a grand plus a set of t's and c's and you're away...

    Older and ...well, just older!!

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      #12
      Originally posted by stacks
      A mate contacted me a few months ago about a contract at the company he worked for and I sent my CV but my availability didn't match with what they were after.

      I'm now up for renewal so activated my CV yesterday and today got a phone call from an agent telling me about a position he had and he named the company....suprise suprise it's the same role my mate contacted me about and they have not filled to role yet! I didn't let on and he said he would send through the job spec and if I liked it he would send through my CV.

      So I ring my mate and it looks like I might get an interview direct now. My view is that if the agent rings me again I'll say I'm not interested any more but is he likely to ever find out and even if he does should I give a toss as it's his own fault for telling me who the contract was with.
      Morally you're on safe ground.

      You found the role from your friend not from the EB and found it wasn't available to you at the time. So what if the EB contacts you about the same role and the company now do want to interview you. Did they sell your services to them better than you did, did they magically rework your CV to make you more saleable? No. If that had happened, the client would have invited you to interview via the EB only.

      Facts are this: you found the role of your own accord, it was the client who wanted to contact you direct because you had already introduced yourself to them. So why does the EB have a claim on your service provision for the same role later on? They don't. They get paid when they introduce you to a client for the first time not for inadvertently reminding you that the same role you introduced yourself to is now available.

      If the same role was still unavailable but you were offered another with the EB with the same company, but you still tried to go direct and succeeded, then morally you would be on rockier ground. As it is, you are perfectly correct to take advantage of the situation the EB landed you (and themselves by forfeiting themselves a sales fee) in.

      Let's face it, so many EBs try to snatch client contacts off you without paying you for them by lying about roles available and asking for references for phoney roles, so are they really any better?

      Comment


        #13
        Denny ... just for the slow people in the room: Can you tell me what EB stands for ?

        E.... Bastard ?

        A.

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          #14
          They're not 'Agents', they're an Employment Business

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            #15
            Originally posted by Angela_D
            Denny ... just for the slow people in the room: Can you tell me what EB stands for ?

            E.... Bastard ?

            A.
            Employment Business. That's what they are called, not agencies. The reason I insist on using it is because (a) it's the correct name for them and (b) the word agency conjures up an image of a recruiter acting on behalf of the contractor - they don't - they only act on behalf of the client who pays them. So what, you may ask. It's important because so many contractors get into a mindset of dealing with reputable recruiters and tend to use the language of pseudo employees like 'they found me a job.' They did no such thing - they sourced you for a role on behalf of their client - a very different thing indeed.

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              #16
              You're under no obligation to the agent. Your relationship with the client existed before his. There's no question of shafting.

              And I reckon it's infinitely better to write the contract with the client yourself rather than have an agent in the middle. Agency contracts will always shoehorn you into a very particular way of working and billing, and it's rarely in your interests.

              Comment


                #17
                Originally posted by Denny
                Employment Business. That's what they are called, not agencies. The reason I insist on using it is because (a) it's the correct name for them and (b) the word agency conjures up an image of a recruiter acting on behalf of the contractor - they don't - they only act on behalf of the client who pays them. So what, you may ask. It's important because so many contractors get into a mindset of dealing with reputable recruiters and tend to use the language of pseudo employees like 'they found me a job.' They did no such thing - they sourced you for a role on behalf of their client - a very different thing indeed.
                Welcome back Denny.

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                  #18
                  Well it's moved on a bit now. As I mentioned I asked the agent to send me a full job spec to read before I agreed to send my CV through but by the time I got home yesterday he had sent off my CV and lined up an interview!!!

                  Can't be arsed to argue the toss about this with him or the client now and for the sake of landing what could be a good contract I'm going to give in on this one so as long as he can get me the rate and terms I want then I'll go through him.

                  Comment


                    #19
                    Originally posted by stacks
                    Well it's moved on a bit now. As I mentioned I asked the agent to send me a full job spec to read before I agreed to send my CV through but by the time I got home yesterday he had sent off my CV and lined up an interview!!!

                    Can't be arsed to argue the toss about this with him or the client now and for the sake of landing what could be a good contract I'm going to give in on this one so as long as he can get me the rate and terms I want then I'll go through him.
                    He has broken the rules on conduct of an employment agent. He is not allowed to forward your CV without your permission. Report him to the DTI.
                    I am not qualified to give the above advice!

                    The original point and click interface by
                    Smith and Wesson.

                    Step back, have a think and adjust my own own attitude from time to time

                    Comment


                      #20
                      1. Whether you go direct or not, the insurance question is always there. Even if you are through an agency, there is always a liability clause which makes you liable for what you do. I have found, I have been able to minimise my liabilty by going direct because I have been asked to supply the contract which has left me in the driving seat.

                      2. There is no fear of an agency taking action. Firstly, it is not worth it. Secondly, no contract has been signed and even if it could be argued that an implied contract exists, you would still be able to demonstrate that you had contact with the end-client previously. From a legal point of you, what would need to be proved is, would you have got the job if it had not have been for the agency i.e. would your friend have become aware of the need in sufficient time to ring you up and arrange an interview before the agency had got someone else in there. But like I say, an agency would never attempt to take something like this further anyway.

                      3. As already pointed out in another reply, a CV may not be sent to client without prior consent.

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