Job fell through as Agency not on Clients PSL

[speling bee]

So a lose(you), lose(client), lose(pimp) situation then, I would have a go at the agency about wasting your time putting you forward for a role they didn't actually have the authority to fill, won't change things but it might make you feel better

Also you may as well name and shame them on here as well

Maybe the client told the non-PSL agency to fill the role and then HR / Finance wouldn't have it. I've been there before.

[d000hg]

This is a decent idea as well.

whs

[craig1]

Before you write this off, have a look through your history of communications:

If you agreed anywhere that they were your representative for this role then it's probably best to just shrug and walk away to your next role unless you're particularly attracted to the client and role. Unless you've signed a contract or agreed specific terms, that representation statement is really the legal equivalent of a gentlemen's handshake with no legal consequences if you walk away but it has enough of a PITA around it that most clients would probably rather ditch you than put up with the hassle.

If there's no agreement of representation anywhere then you're not bound, it's just a B2B negotiation period that's not tied in any party and you can go through another agency if you see fit. There's clearly no agency to client contract in place so if there's no agency to you contract or agreement in place then that's their problem.

In either scenario, there's very unlikely to be any contract in place unless you signed one with the agency, so you legally could go to work for the client regardless of what the first agency said. It does sound a bit tough on them but, well, that's the nature of the game as they'd happily tell you if they dumped you for a better-margin contractor in a role.

[kal]

Maybe the client told the non-PSL agency to fill the role and then HR / Finance wouldn't have it. I've been there before.

But surely there must be some paperwork between the agency and the client that cements their respective roles. i.e You find me a code monkey and we will pay you such and such (a large wedge if perm or a %age cut for a contractor etc). It's got to be more than one bloke asking his recruitment pimp mate in the pub to get him a couple of dev's for his project on a nod and a wink.

[speling bee]

Before you write this off, have a look through your history of communications:

If you agreed anywhere that they were your representative for this role then it's probably best to just shrug and walk away to your next role unless you're particularly attracted to the client and role. Unless you've signed a contract or agreed specific terms, that representation statement is really the legal equivalent of a gentlemen's handshake with no legal consequences if you walk away but it has enough of a PITA around it that most clients would probably rather ditch you than put up with the hassle.

If there's no agreement of representation anywhere then you're not bound, it's just a B2B negotiation period that's not tied in any party and you can go through another agency if you see fit. There's clearly no agency to client contract in place so if there's no agency to you contract or agreement in place then that's their problem.

In either scenario, there's very unlikely to be any contract in place unless you signed one with the agency, so you legally could go to work for the client regardless of what the first agency said. It does sound a bit tough on them but, well, that's the nature of the game as they'd happily tell you if they dumped you for a better-margin contractor in a role.

Ah... but what has the client agreed with the agency?

[craig1]

But surely there must be some paperwork between the agency and the client that cements their respective roles. i.e You find me a code monkey and we will pay you such and such (a large wedge if perm or a %age cut for a contractor etc). It's got to be more than one bloke asking his recruitment pimp mate in the pub to get him a couple of dev's for his project on a nod and a wink.

It could be this scenario:

- Agency calls manager asking for "references" and asks "do you have any other roles I can help you with?"
- Manager, naive, innocent soul that he is, tells him about fandabbydozy new project that needs staffing.
- Agency deals directly with innocent manager who really should know better about things going through HR. Agency hopes that the strong candidates will force HR to back down and let them onto the PSL.
- Manager gets a chubby-on for the contractor's outstanding skillset and wants to hire him but then realises he needs to go through HR's processes for contractors.
- HR retrench behind their filing cabinets and say "no, we're not putting that agency on our PSL for a number of very good reasons".
- All round frustration, contractor messed around, agent thinking he was in for a nice bonus, manager thinking he had the right candidate for the role, HR wonder how many times they have to make the point that the PSL is absolute.

[Boo]

Unfortunately this happens. PM made a mistake of going through a non-approved agency. The agency now demands compensation, HR not interested and told PM to recruit again.

Nothing you can do here. It's up to HR to make an exception.

I would just move on.

Spoken like a true agent.

Boo

[kal]

It could be this scenario:

- Agency calls manager asking for "references" and asks "do you have any other roles I can help you with?"
- Manager, naive, innocent soul that he is, tells him about fandabbydozy new project that needs staffing.
- Agency deals directly with innocent manager who really should know better about things going through HR. Agency hopes that the strong candidates will force HR to back down and let them onto the PSL.
- Manager gets a chubby-on for the contractor's outstanding skillset and wants to hire him but then realises he needs to go through HR's processes for contractors.
- HR retrench behind their filing cabinets and say "no, we're not putting that agency on our PSL for a number of very good reasons".
- All round frustration, contractor messed around, agent thinking he was in for a nice bonus, manager thinking he had the right candidate for the role, HR wonder how many times they have to make the point that the PSL is absolute.

Yep can see that happening but my point is that unless the agency have any paperwork from the client that they are allowed to source for them then they don't have a leg to stand on, the OP can happily go direct or with the PSL and the non-PSL agency can do SFA about it surely...

[speling bee]

What an absurd situation and incredibly frustrating. This is one of the reasons contractors get very annoyed with pimps. I guarantee the OP was not aware that his pimp was doing a flyer.

I'm thinking in future I will as well as a time limit on the representation e-mail a sentence confirming that the pimp is on the PSL and what tier of supplier they are.

I'm sensing a "contract to represent" template might be useful for all of us.

But the problem remains: what if the client has entered into an agreement with the agency that if they engage the worker except through that agency, they have to pay the agency?

[eek]

But the problem remains: what if the client has entered into an agreement with the agency that if they engage the worker except through that agency, they have to pay the agency?

then you have to question how the client could legally enter into such an agreement given the corporate policies with regards to the PSL list.