Submitted for gig without consent

**pmeswani** · 23 October 2012, 17:35

Originally posted by Scoi View Post

One of my preferred agents called me a few weeks ago about a gig that's pretty perfect for me so the CV were submitted. Have been having communication with him over the last few weeks and today he called ClientCo for an update. He was told that his CV was the second the ClientCo had received regarding me so they can't give him any info.

I've trawled my email accounts and no mention of this role from any other agents. Can an agent use my permission i gave them a year ago to apply for a new role with the same company or a similar role with a different company? Would ClientCo be happy to divulge to dirty agent scum?

The week the job was released to the agents i was getting loads of calls asking me to apply but told them all they were too late. Are some agent that cheeky that they would submit anyway?

If you are able to identify the offending organisation, you can contact them and ask them if they sought your permission to represent you for the role or if they assumed consent, and ask them to prove that they sought your presumed consent. If they don't have such proof, you can report it to their Data Protection Officer, and if after 28 days they don't respond or take corrective messures, you can inform the Data Protection Commissioner to report a breach of the Data Protection Act. I believe the Commissioner is able to fine an organisation up to, I think, £500,000 per breach. (The figures is pulled from my memory, and may be wrong).

If you are unable to ascertain who the other agent is, send an email to the preferred agent to state that you give them explicit permission to represent you for the role.

**northernladuk** · 23 October 2012, 18:02

Why would an agent do this though? If the CV is that old the chances are you are not available. It has to be someone that knows you are available though surely? The chance of a random agent submitting your CV out of the blue to a client for a role you like is pretty slim (and pretty stupid if you are not available). Has to be more to this surely.....

**pmeswani** · 23 October 2012, 18:03

Originally posted by northernladuk View Post

Why would an agent do this though? If the CV is that old the chances are you are not available. It has to be someone that knows you are available though surely? The chance of a random agent submitting your CV out of the blue to a client for a role you like is pretty slim (and pretty stupid if you are not available). Has to be more to this surely.....

WHS

**speling bee** · 23 October 2012, 18:24

Originally posted by pmeswani View Post

If you are able to identify the offending organisation, you can contact them and ask them if they sought your permission to represent you for the role or if they assumed consent, and ask them to prove that they sought your presumed consent. If they don't have such proof, you can report it to their Data Protection Officer, and if after 28 days they don't respond or take corrective messures, you can inform the Data Protection Commissioner to report a breach of the Data Protection Act. I believe the Commissioner is able to fine an organisation up to, I think, £500,000 per breach. (The figures is pulled from my memory, and may be wrong).

If you are unable to ascertain who the other agent is, send an email to the preferred agent to state that you give them explicit permission to represent you for the role.

If the Clientco will not tell you, put in a subject access request undertone the DPA.

Or just phone the Clientco and politely explain. But I guess this one is gone.

**SueEllen** · 23 October 2012, 18:57

Originally posted by northernladuk View Post

Why would an agent do this though? If the CV is that old the chances are you are not available. It has to be someone that knows you are available though surely? The chance of a random agent submitting your CV out of the blue to a client for a role you like is pretty slim (and pretty stupid if you are not available). Has to be more to this surely.....

Nope - the poster may have had the misfortune of uncovering a rogue agent. I've dealt with one before but they used my data differently from this.

The agent may have:
1. Got the poster's CV when they answered an ad with their agency or related agency for another role,
2. Downloaded it from a job board (but most don't pay for that privilege).

**d000hg** · 23 October 2012, 19:17

That's sucky. Can you contact the client directly and say only your preferred agent is authorised to represent you? Might be worth a call directly to them.

**jmo21** · 23 October 2012, 19:56

Originally posted by Scoi View Post

The week the job was released to the agents i was getting loads of calls asking me to apply but told them all they were too late. Are some agent that cheeky that they would submit anyway?

YES. You told a competing agent, who we can assume had your CV already, that u were already in for client co.

They then have tried to take you out by submitting you as well before the preferred agency even submitted you in the hope client co would discount you to avoid hassle deciding over which agent had first dibs.

**Wanderer** · 23 October 2012, 20:00

Originally posted by Scoi View Post

One of my preferred agents called me a few weeks ago about a gig that's pretty perfect for me so the CV were submitted. Have been having communication with him over the last few weeks and today he called ClientCo for an update. He was told that his CV was the second the ClientCo had received regarding me so they can't give him any info.

Find out who the contact at the client co is approach them directly to ask who submitted your CV and tell them that the agency had no right to represent you.

Then find out who the client's preferred agency is and send your CV to them to represent you....

**NotAllThere** · 24 October 2012, 05:46

In ~2001, a rather aggressive S3 company submitted CVs to us for a position we had. We chose two to interview. Neither turned up. Later, we discovered that neither candidate was even aware they'd been put forward.

Submitted for gig without consent