Reply to: Done over by another recruitment Consultant

[EddieNambulous]

As an employer is employing my limited company regardless of seeing my CV etc then employment law doesnt count...ha ha

Sounds about right to me, except that the employer will still view you (and probably treat you) as an employee, but without any rights or benefits....so that's...ha, ha, ha, ha

[Crusoe101]

Yes I did.

Well thats sorted then.......

As an employer is employing my limited company regardless of seeing my CV etc then employment law doesnt count...ha ha

Wish IR35 had that view too

[EddieNambulous]

that you legally do not have to provide a defence

defence?

I presume you mean reference

[original PM]

You can only claim discrimiation if you are being put forward as a prospective employee - if you run a ltd cannot be discrimination as they are hiring your company and not you. Ditto if you work through a brolly

Even then I am not sure if the request for references by 1 agency and not by another will ever stand up in court as discrimination it is standard practice for referees to be requested and a reluctance to do some may indicate other darker issues

Probably.

[Crusoe101]

What I was referring to was employment law, which states that you legally do not have to provide a defence until such time as you enter into a contract with an employer be that permanent or contract.

What you need to remember that this could be seen as discrimination anyhow as agent 1 is operating different to agent 2....

Trust me, I have had this case put forward against me before.

[Pondlife]

I doubt any agent would ever pull you from a placement he thought you had a chance of getting because of refs.

Placement = cash
Reference = possibly some cash later if they're hiring and they find the right guy.

[Andy2]

In my experience i have never got an interview after I had parted with the references. All the contracts I got were those ,where reference was asked after the interview.
I think the agents forward a few cv's to the client and ask for references from other suckers.

[bassy]

If you really really need to give references in advance then give previous agents - after all they are the ones you had the contract with aren't they.

[BolshieBastard]

Listen, in these times, people have to be pragmatic. I know everyone says 'dont give refs in advance' etc but they're not the ones without jobs.

If you think its kosher and they want refs in advance, give them! Be picky when the market is in your favour. Otherwise you'll be benched for ages.

[Mosh]

Most of the companies have very consistent recruitment process. They would never have different sets of rules for different agents. If this client in question required reference checking to be done prior to the interview , then the other agent would also have asked you for the references.

One more thing , as far as I know the companies which actually require reference checking before the interview ask for it before they accept the CV.
(BTW , the only cases that I know/heard of where the company asked for references before the interview were for perm jobs only )

[Turion]

You could have just gone with agent 2. Just say agent 1 forwarded without your permission. Doubt if you were pulled due to the refs. Did agent 2 say you needed refs?

No your CV maybe not even put forward, or was binned by the client. Agent will at the least try to ge something out of you in the form of refs and when he didn't get them, tries to use that as the reason you were not interviewed.

[Not So Wise]

2) Advising me I must provide references in advance (against the law) to the point where my application was withdrawn - Discrimination

Not against the law (quite the opposite actually if is "opted in" role) and absolutly nothing to do with discrimination

Think you are getting confused with “security clearance” rules

[EddieNambulous]

Advising me I must provide references in advance (against the law)

It's a long-standing agent dirty-trick but it's not against any law that I know of.

Which law are you referring to?

[jmo21]

1) Sending my CV without permission and not even naming the client - Data protection act

2) Advising me I must provide references in advance (against the law) to the point where my application was withdrawn - Discrimination

first one, yes.

second one....against the law? really?

He might be lying, but it's not against the law.

[Crusoe101]

Long story was rang last week by recruitment agent number 1 about a role back in my home town and good money.

Didn't provide a job spec etc as it was still getting negotiated as an outsourced client deal. Rang me again this week to say should be going ahead but without my knowledge he submitted my CV.

That evening agent 2 rang me up (whom I have a good relationship with) about the role and put me forward (better money as well).

Saw email from client saying agency 1 was representing me so he couldn't. Agent 2 kicked off about me not even knowing the company name etc and no permission to submit CVs. My CV was already with the hiring the manager.

That evening agency 1 rang me for "just two refs" for which I point blank refused and he said he would check with the client and get back to me. I suspect he had been told about agent 2.


I checked today and I had been pulled for the role also without my prior knowledge so I rang the recruiter direct. Keep in mind at this stage I didn't even have a mail with his contact details on so that's how bad it was.

Shared with him that this is the lowest trick I have ever known and really set about him. After a heated debate I advised him of the following 2 legalities;

1) Sending my CV without permission and not even naming the client - Data protection act

2) Advising me I must provide references in advance (against the law) to the point where my application was withdrawn - Discrimination

This seemed all new to him until I pointed out section 10 on the REC (recruitment agents standards) had not been met and that I was currently on the companies house web site looking for the home addresses of his directors and parent companies of which I will send this too.

At that point he said he would ring client and advise there had been an engagement issue and would they consider my CV from agent 2.

I am not holding my breath thinking anything will come of it but it sure feels good to get that off my chest.

I might still do what I said above anyhow!