Fake job adverts - is it legal?

**Dominic Connor** · 16 October 2013, 20:15

Probably, but you can't enforce it

I suspect this violates the Data Protection Act, since they are acquiring personal data wrongly.

Never heard of an agent being prosecuted for it.

Would be hard to make a case, since you have suffered no loss and they can claim that they were working on this sort of job, indeed if they didn't see demand for the skills in the fake advert, they wouldn't spend time and money advertising for them.

**masonryan** · 16 October 2013, 20:50

I once had a recruitment agency post my CV to where I was gigging at the time, obviously without my permission. This taught me that agencies forward CV's without people's knowledge. When I complained, this particular agency claimed they had an IT glitch which had sent CV's out automatically in error. I was too busy at the time to consider what action I could take against this agency.

So I expect that hoovering CV's in this way is so that they can show them off to end clients before a post even exists, before even contacting you.

**northernladuk** · 16 October 2013, 20:57

I have to admit I hear about this on here but I haven't actually seen it in practice and as far as I am aware it hasn't happened to me. Saying that I just apply for the gigs and wait and see, if the job wasn't there then so what. An agent has my CV? If (and that is a big if) they are going to use it to match me to a role and ring me with it then isn't that a good thing? I would rather 10 agents ring me a week about gigs than none. I only need one every 6 months to keep me in work.

I don't think sending my CV without telling me is particularly clever on their part as all they are doing is wasting their time but if they did send it to just one client and they offer me a gig at 50% higher than I am on closer to home then surely that is a win again. If they send it to clients I don't want I just say no on the phone when the agent rings. Hardly killing me is it.

Maybe it is because I haven't experienced this but why should I give a tulip. If the agent wants to waste his time trying to get me in a gig how can that be a bad thing? I could say no thanks 10 times a week if it meant me saying 'I will take it' once in my career.

Just don't get why people get so upset about it???

**northernladuk** · 16 October 2013, 21:02

And to add, don't get all the agent hate as well. There are many spots the client genuinely wants to fill and it gets delayed through client process or pulled due to a change at the client. I have been for at least 2 interviews with clients where the role got pulled and I heard this from the client, not the agent. I pulled a role we had at CV stage because we got a permie on secondment so it does happen, quite a lot I would bet... yet we just blame the agent straight off the bat without consideration for other factors. It's something else I just don't get... It's business, just move on.

**Andy Hallett** · 16 October 2013, 21:23

Yes, it does contravene various laws and is poor practice.

**masonryan** · 16 October 2013, 22:25

Originally posted by northernladuk View Post

And to add, don't get all the agent hate as well. There are many spots the client genuinely wants to fill and it gets delayed through client process or pulled due to a change at the client. I have been for at least 2 interviews with clients where the role got pulled and I heard this from the client, not the agent. I pulled a role we had at CV stage because we got a permie on secondment so it does happen, quite a lot I would bet... yet we just blame the agent straight off the bat without consideration for other factors. It's something else I just don't get... It's business, just move on.

You do seem to defend agents a lot, got anything to declare?

In an economy with fewer posts, do you think agency owners are happy with lower profits? No. So consider HOW these agencies keep the money coming in, have a guess now...

**northernladuk** · 16 October 2013, 23:37

Originally posted by masonryan View Post

You do seem to defend agents a lot, got anything to declare?

In an economy with fewer posts, do you think agency owners are happy with lower profits? No. So consider HOW these agencies keep the money coming in, have a guess now...

I give up. How?

**masonryan** · 16 October 2013, 23:46

Originally posted by northernladuk View Post

I give up. How?

Anything to declare?

They need to get bigger margins in due to less posts around. So they push candidates down more.

**northernladuk** · 16 October 2013, 23:48

Originally posted by masonryan View Post

They need to get bigger margins in due to less posts around. So they push candidates down more.

So the clients would be happy getting contractors that are worth less because the agents are pocketing more? Remember the agent is the middle man and he still has to deliver value to the client. There will always be another agent waiting in the wings to undercut the first one's rates if what you say is true. These guys would sell their own mothers in to slavery to get their commission so competition for clients, I would imagine, is pretty cut throat.

Fake job adverts - is it legal?