Recruitment consultant / direct contact issue

[ForBajor]

Slightly weird issue this.

I applied for a contract role a couple of weeks ago, and got a phone interview. Although my notice period was too long at the time, the client still wanted to meet me as my skills were of interest for possible future roles.

The recruiter called me asking what happened. I said I thought that the client was interested in my skills but that I was not sure if it was for the position in question - the original advert.

So I had an interview - which went really well. The client said they'd be really interested in keeping in touch for when the next contract came up. They also asked ME what to do about the recruitment consultant and if there was any issue with myself and the client keeping in touch and potentially setting up a contract without any recruiter being involved. I said that it would be best to check their contract with the recruiter, and check with their own HR department and take it from there.

Now I've got the recruiter asking me about the interview, and although I told them I didn't get the job, they are now asking if I spoke to the client about future opportunities.

What do I tell them? This all sounds a bit messy really. I'm confused.

[Andy Hallett]

Tell the truth.

That way it's only agencies that are lying scumbags :

[kal]

Tell the truth.

That way it's only agencies that are lying scumbags :

Its none of their business, the role they put you forward for is, you didn't get it, end of. I would ignore any further communication from them, normally if you didnt get the role the agent would drop you like a stone and you would never hear from him again, the fact that he hasn't means that he can smell a bone and wants in. Negotiate direct with the client for any future roles.

[Andy Hallett]

Its none of their business, the role they put you forward for is, you didn't get it, end of. I would ignore any further communication from them, normally if you didnt get the role the agent would drop you like a stone and you would never hear from him again, the fact that he hasn't means that he can smell a bone and wants in. Negotiate direct with the client for any future roles.

Most agency terms (ours certainly do) with clients will be catch all for a period of time and not restricted by role. If they were not you can imagine the scenario:

"Sorry Mr Agency, Contractor A didn't get the role on project A, but we really liked him and are going to hire him on another one of my projects, we are going direct though as it is a different role"

The contractor can do what he wants, he is not bound to the agency by any contract. You will likely find the client is and will be liable for an introduction fee should it be discovered.

[kal]

Most agency terms (ours certainly do) with clients will be catch all for a period of time and not restricted by role. If they were not you can imagine the scenario:

"Sorry Mr Agency, Contractor A didn't get the role on project A, but we really liked him and are going to hire him on another one of my projects, we are going direct though as it is a different role"

The contractor can do what he wants, he is not bound to the agency by any contract. You will likely find the client is and will be liable for an introduction fee should it be discovered.

I can see that but the OP stated that the client wanted to keep in touch and maybe recruit him direct for a possible future contract role if a suitable one arose. I'm sorry but I can't see why that is any business of the agent. Sure if the client interviewed the OP for one role but hired him for another the next day or week then the agent is still entitled to his fee. But to continue to have a hold on you for the next however many months and demand a fee if you happen to end up with the client in a totally unrelated role in the future, that's a bit excessive.

[Contreras]

What do I tell them? This all sounds a bit messy really. I'm confused.

Well, do you want to work via the agent or do you want to work direct?

There are pros and cons to each which usually balance out IMHO.

If you have a preference then state it. Otherwise I would tell the client manager you're keen to accept work via any route and the decision is theirs. Let them know have your own contract/terms though (see QDOS or PCG for templates) and ask about payment terms. Keep in regular contact directly so you know the position if things have stalled. Chances are that the client's HR dept. will become involved and the manager will 'decide' they want you via the agency.

It's easier to blank the agent rather than get drawn in to bare faced lies. If you do speak then imply that you have given up on the role and you are interviewing elsewhere, etc. Unless you have signed something with the agency then practically speaking any legal issues are between the client and the agency.

[Wanderer]

It's easier to blank the agent rather than get drawn in to bare faced lies.

Absolutely. Just shrug it off with the agent saying "Too bad, I didn't get it but let me know if anything else at that client comes up". Don't get drawn into a conversation with them. Hell, most of the time they don't even get back to you if you don't get the job....

Then get onto Linked-In and connect with the interviewer and their HR department. If a job comes up and they contact you direct then let the CLIENT deal with the agency and do NOT engage with the agency in any way.

Quite possibly the client is fishing for people and will note down your particulars in their little black book for future reference because there are substantial savings for them to cut out an agent if they can. Bit of a bum rap for the agent but that's not our problem....

[psychocandy]

I can see that but the OP stated that the client wanted to keep in touch and maybe recruit him direct for a possible future contract role if a suitable one arose. I'm sorry but I can't see why that is any business of the agent. Sure if the client interviewed the OP for one role but hired him for another the next day or week then the agent is still entitled to his fee. But to continue to have a hold on you for the next however many months and demand a fee if you happen to end up with the client in a totally unrelated role in the future, that's a bit excessive.

Bit of a grey area though maybe. Whats to stop a client getting an agency to send them a wad of CVs or even doing some interviews and telling porkies they need someone now but in reality need someone in a months time.

Then tell the agency its all been canned. Month later contact people directly.

I guess the agency deserve some sort of protection but how far do you take it? Agree with your 1st post though, normally they;d disappear never to be seen again - in this case it seems they're sniffing around because they can smell possible action.

[BlasterBates]

Slightly weird issue this.


Now I've got the recruiter asking me about the interview, and although I told them I didn't get the job, they are now asking if I spoke to the client about future opportunities.

What do I tell them?

Just say the client said they might be interested but there is nothing concrete. Since there is no specific contract this is a non-issue.

To be honest even when they talk about being interested in you for other roles, my experience is nothing will come of it. Vague talk about opportunities is not a hot lead. I wouldn't hold out much hope. If there are other roles then probably someone else will be handling it and he'll just go straight back to the recruiter. You will only be remembered for a week or two anyway so they would probably go back to the agent. At the end of the day they're not going to "not recruit" you because they have to go to an agent, and if they do decide to go direct, it's the client who will save money not you. They'll pocket the agent's margin, or at least most of it. They have no interest at all in paying you what they would pay an agency.

Just keep applying for other contracts, and don't worry about it.

[Contreras]

Whats to stop a client getting an agency to send them a wad of CVs or even doing some interviews and telling porkies they need someone now but in reality need someone in a months time.

I'm sure this happens all the time. Agencies know it and the smart ones will smell a rat and not play ball.