Issues between agent and client

[Wanderer]

Trying this route but the agency is threatening the client with breach of terms and conditions if they hire me (for any position it seems) within a 3 month period. As background - the agency never asked or received my permission to represent me to the client. They forwarded my CV without my knowledge then phoned me with interview times. Does this change anything for me or the client?

Yes, I think that's important. From my point of view (and I am not a lawyer), the agency may have put you forward for the job but if the client doesn't want to engage with them then you have no written contract with the agency (eg exclusivity) so there is nothing they can do to prevent you supplying your services through another agent.

The client side is a bit different. They may have entered into some agreement when they accepted your CV from the agent and this may be binding on them.

You could speak to the client and tell them which agencies you were registered with before you were introduced and you may be able to work through one of them.

Really, this is one for the client to fight out with the agencies and it could go either way.

Good luck!

[Belle]

2. Alternatively, contractor finds out who agent B is and then approaches them who place the contractor with the client. Agent A goes nuclear if they ever find out what happened but the client, agent B and the contractor all keep their mouths shut...

Trying this route but the agency is threatening the client with breach of terms and conditions if they hire me (for any position it seems) within a 3 month period. As background - the agency never asked or received my permission to represent me to the client. They forwarded my CV without my knowledge then phoned me with interview times. Does this change anything for me or the client?

[Wanderer]

I do wonder why they advertised the role if they weren't authorised to do so.

Agency "A" sees a job advertised, figures out where it is and re-advertises it themselves even they have no relationship with the client. You reply to the ad and submit your CV to agent A who put you forward and the client wants you to do the job. Then it turns out that the client only deals with agency "B" on their Preferred Supplier List so the client asks agent B to do a deal with agent A to get you on board.

Choose one of the following outcomes:

1. Agent A either takes a finders fee from agent B or you work Client -- Agent A -- Agent B -- Contractor where both agents take a cut of the money.

2. Alternatively, contractor finds out who agent B is and then approaches them who place the contractor with the client. Agent A goes nuclear if they ever find out what happened but the client, agent B and the contractor all keep their mouths shut...

3. Agent A and B can't agree terms and the contractor is told that he didn't get the job or the client is told that you are no longer available.

Contractor is the meat in the sandwich here, unfortunately.

[malvolio]

However I do wonder why they advertised the role if they weren't authorised to do so.

Simple: agencies subcontract as well, especially if their flavour of word search software doesn't find anyone on the first pass. Last gig I was being paid by Hudson, but the client was paying Reed, their only approved supplier of personnel.

[ChimpMaster]

It's not always so easy to find out who's on the PSL - the agency could just lie to get you on their side. However I do wonder why they advertised the role if they weren't authorised to do so.

Are you out of the running now? Have you approached an approved agency to represent you?

[Belle]

Is it public or private sector?

public sector limits the routes - if you need one though, feel free to give me a shout - the business I work for is approved on pretty much all the lists out there (although there are odd ones which hide in the crevices - so I can't necessarily guarantee that I can help!)

Thanks for the offer but it is Private sector.

It turned out that the agency that put me forward for the interviews was not on the PSL. When the client decided to offer me the contract, their HR stalled it as I was through an agency that didn’t have the required sign off. It’s taught me a lesson – unless an agency is on the PSL (or finding candidates for another agency that is on the PSL), don’t touch them with a barge pole! Frustrating when you want the role, the client wants you in the role, but the agency loses it for you.

[The Agents View]

Just find another agency, whether they are with the client or not.....it will delay things a bit but you'll still be able to progress...

Is it public or private sector?

public sector limits the routes - if you need one though, feel free to give me a shout - the business I work for is approved on pretty much all the lists out there (although there are odd ones which hide in the crevices - so I can't necessarily guarantee that I can help!)

If it's Private sector - it's easier. Beware that you could end up on the end of an agency handbags war though , which could mean you lose the gig altogether. That said - nothing ventured, nothing gained.

Just find another agency, whether they are with the client or not.....it will delay things a bit but you'll still be able to progress...

[Sausage Surprise]

The Agency would probably want an introduction fee if you went direct.

[Belle]

I've had the second interview and according to the agent the client will be making an offer . However, it’s looking like things are a wee bit shaky between the agent (acting as an Employment Business) and the client i.e. with the supplier relationship contract. If that all goes pear shaped and the client still wants me, is there any other option – can I go direct (I haven't signed anything yet) or through another agency? Has anyone had experience of this happening?