IT Recruiters - been ripped off by client - how whould you deal with it?

[Euro-commuter]

One of our clients interviewed 3 Contractors and rejected them.

We were suspicious.

We just contacted one of these contractors directly, under the guise of another recruitment company, and he is working for our client.

My TOBs cover this eventuality and say the client must pay 22% of the equivalent annual salary in this situation.

How would you play it?

Just fire in an invoice for 22%?
Confront him first?
Contact the Contractor again and get him to confirm the direct approach?


I presume some of you have had this before.
I guess if it goes legal a court would rule my 22% to be fair

22%??? You want people to work 1 day of every week for you, and then they get to work the other 4 for themselves?

[EternalOptimist]

name and shame blunderrrr

who is client
who is agency
who is contractor
who killed cock robin

[RSoles]

<snip> and he is working for our client.

<snip>

Name and shame! Give us the names of two contacts within the company.

[tim123]

It is a horribly grey area, because of the law on anti-competitive practices.
I think there are possibilities to sue, but of course it depends on things like verbal agreements, any contracts existing between parties. Then of course the agent rang up pretending to be someone else, which is of course also illegal, and the contractor could sue the agent.

For what?

There may be a case for criminal action by the crown. (but it's so trivial that they won't bother)

There is no case for a civil action by the contractor, he has lost nothing that wouldn't have been lost if the agent had acted entirely legally.

tim

[tim123]

Blunderer, remind your client of the Ts & Cs regarding submitted CVs.

When I get CVs submitted from Pathway et al I have a copy of the Ts & Cs submitted alongside.

Btw Dodgy, we're recruiting staffers again. We're looking for 4 senior software engineers.

doing what?

tim

[tim123]

I don't understand why contractors are saying you should not get any sympathy on this site. Agents are those who get contractors work, so are an essential component to all contractors businesses as far as I can see.

I agree.

tim

[Alf W]

Agency gets ripped off by client.

This thread has had me in tears.