Obscure Employment Law / Recruitment Question

TheHorse

Hi All,

We are a small business that advertised a vacancy on our website for a technical position.

We received a call from a recruitment agnecy saying that they had somebody who may be suitable for the position, that their candidate specifically wanted to work for our company and wanted to set up an interview. Naturally we asked for the CV and agreed that an interview would be appropriate.

We interviewed said candidate and found them to be more than suitable. At this point we got back in touch with the recruitment agency who then demanded £10,000 for the 'service' that they had offered. Our natural reaction to that was 'erm no thanks' to which they then decided to tell us that we would not be able to employ her for 12 months or they would sue us.

We have since spoken to the candidate who is desperate for work and desperate to work for us and we really want to employ her yet the recruitment will only go down to £4,000 for their 'service'

Im just questioning the legality of this process and whether a) they can block us from employing her given that we did NOT commission the agency to act for us and b) would they actually have grounds to sue ?

We were not made aware of the fees until the point came when we showed an interest in the actual employment.

Like I say, this seems both unfair to the candidate and ourselves and given the current climate seems largely unreasonable and possibly illegal. We are happy to pay the agency a token gesture amount of around £600 / £700 for their couple of emails and phone calls.

Any ideas on this or where we can get a definitive answer?

Thanks

:j

Jowo_2

Legal advice, I imagine, would be your best bet - someone specialising in contract or employment law.

I'd like to think that you would be advised that you can proceed to recruit without penalty as this agency did not present any contract terms to you.

justanopinion

Most agencies deem you interviewing a candidate they send to you as acceptance of their standard terms and conditions. Have you managed to get a copy of those from the agency? Fees vary.

I would be dubious of any agency that calls me and said the candidate really wanted to work for the company - If they like/know so much about it, why are they not writing directly?

hcb42

I thought most headhunting firms charged somewhere around 15-17% of first year's salary but £10K is excessive unless they were exceptionally well paid.

But if I were them, i would want more than a few £££....although it seems a bit dodgy approach, recruitment is very pushy industry and the best approach is to say no until you do want to utilise their skills. (I am assuming they sent their Ts and Cs over...)

Sambucus_Nigra

Sorry, but it is very naive to think they would not want any £ for their services; they aren't a charity! That's how recruitment agencies work.

Is she worth the £4k to the company? For 'more than suitable' I think I could find you someone better; for half the price.

The agency should be supplying 'blo.ody brilliant' for £10, not 'more than suitable'.

I'd google the agency and get a looksie at their terms and conditions to see what else you have let your self in for; and in future - remember that nothing is for free! Get the terms and conditions first. :eek:

Russe11

This is one of many problems that is wrong with the employment market.

I'd say to them I await for you to bring your claim to court, if they are saying they will sue.

How will they prove you entered into a contract for services?

Where is the agreement, are the fees agreed up front?

Even if they got you into court, they would only be able to claim their loss, since there was no agreed amount at the time of making your very dubious contract.

Russe11

Furthermore I suggest if your future job advertisments you put somthing like

"Employment agencies or and other recruitment services are NOT REQUIRED"

they then won't hassle you trying to sell you what ever CVs they have managed to accumulate from the many spoof vacancies they offer.

Sambucus_Nigra

Russe11 wrote: »

Furthermore I suggest if your future job advertisments you put somthing like

"Employment agencies or and other recruitment services are NOT REQUIRED"

they then won't hassle you trying to sell you what ever CVs they have managed to accumulate from the many spoof vacancies they offer.

They probably would try - but you could smile as you say 'now, why would I use the services of someone who can't even read?'

mountainofdebt

Agency fees can be as low as 1% of the agreed salary.

Russe11

mountainofdebt wrote: »

Agency fees can be as low as 1% of the agreed salary.

or as high as 100%

depends on how much they can extract from both parties

DVardysShadow

Russe11 wrote: »

This is one of many problems that is wrong with the employment market.

I'd say to them I await for you to bring your claim to court, if they are saying they will sue.

How will they prove you entered into a contract for services?

Where is the agreement, are the fees agreed up front?

Even if they got you into court, they would only be able to claim their loss, since there was no agreed amount at the time of making your very dubious contract.

Groan. If the OP does take her on, there will definitely be a contract, evidenced by taking her on. The only difficulty is actually determining how much is owed under the contract.