Obscure Employment Law / Recruitment Question

SplanK

To be honest.. this either sounds like a scam or some sort of nasty agency!!

If it was me in your position, although the person may seem good on paper - if it is a scam they could easily get the 4 or even 10k they are after and you will never see that person again! I would just say no and ignore the candidate and look elsewhere.

Googlewhacker

DVardysShadow wrote: »

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.

I think he meant how would they be able to prove that she did not find them of her own back?

DVardysShadow

The Horse: Now I see why many companies advertise jobs and say 'No Agents' Do you have any contact info for this candidate other than via the Agent? If you do, then drop her a note and say that you would be willing to employ, but the Agent's fee is prohibitive. Tell her the amounts and how the Agent has attempted to bounce you into a contract too.

This will at least let her know that her Agent's greed and approach to winning a fee means that she is unlikely to actually get a job via this agent and that she is wasting her own money on going to interview for this agent. If she is really switched on, she may tell them that she will not go to another interview for them, so they might as well put her with you and accept £1600.

DVardysShadow

Googlewhacker wrote: »

I think he meant how would they be able to prove that she did not find them of her own back?

Very easily. This is lesson 1 of being an agent - how to get your fee. All agents - estate and employment - know this one, even if they know nothing elae.

Russe11

DVardysShadow wrote: »

Very easily. This is lesson 1 of being an agent - how to get your fee. All agents - estate and employment - know this one, even if they know nothing elae.

What did not happen is the costs of this "service" agreed at the time of verbal contract.

It just goes to show its a simple sales operation, most recruitment agencies work the same as any hard sell company.

Put the product up in front, get you to agree to liking the product.

Once they have consolidated the desire for you to want the product/candidate then they talk prices.

They come in with a figure of £10k, if you pay this you are known as a full money mug.

They then offer you a discount, to £4k, what a 60% discount of somthing that normally £10k, wow what a bargin, NOT.

Essentially the OP is subject to an attempted hard sell.

Don't get me wrong there are some better recruitment agencies out there that don't operate in this fashion.

I'll have a small be you will get a call from "the manager" offering you further discount should still want this candidate very shortly.

ScoobySnacks79_2

Exactly Russell, it's just a variant on the old vacuum cleaner/windows/security system/stair lift home sell. I'm willing to bet that you will get a call from the manager, offering a reduced rate, but only if you agree there and then to sign on the dotted line.

It's the oldest close in the book, and if you want her enough to consider taking them to court, then they know they've got you by the short and curlies. Her contract with them will prevent her working for you if you refuse to pay the fee. I bet she's already paid an up front fee to them to find her work.

Sadly what they have done probably isn't illegal, though it does sound like they're trying it on a bit with the price. Work out how much she is worth to you, and then phone them and negotiate a mutually agreeable price. It's almost certain that they won't have anywhere else for her to go, so a bit of hardball back at them should see them reducing their fee considerably. You have the advantage of knowing that there are lots of people out there who want the job, whilst they are working against a huge amount of competition. Tell them that you have someone else who is just as suitable, and that their agent only wants £500. To them, no sale is the worst outcome. Even if they get her away for £400 they will be happy. Don't be the mug that pays full price (or even the "reduced" price). Their cost is very small, basically the time to send the CV out, and the time to negotiate the fee. So they can take a small amount and still make a profit.

Just a thought, if she's so keen to work for you, how come she's approaching you through an agent, and didn't find the job herself? Obviously she wasn't trying very hard!

alanshave

ScoobySnacks79 wrote: »

Their cost is very small, basically the time to send the CV out, and the time to negotiate the fee. So they can take a small amount and still make a profit.

This is impossible for you to know.

Unfortunately you know nothing about the agencies overheads or how much work they have done for this particular candidate.

They may have invested in reference/credit checking/disclosures or even things such as personality/pyschometric tests.

Not saying they have but just that they may.

I do think the OP has been a little naive in engaging with the agency without asking about cost & what processes they go through for the fee. Would you actually do this with any other 'service'?

Do you mind me asking if the agency in question are a national or smaller independant?

Russe11

alanshave wrote: »

This is impossible for you to know.

Unfortunately you know nothing about the agencies overheads or how much work they have done for this particular candidate.

They may have invested in reference/credit checking/disclosures or even things such as personality/pyschometric tests.

Not saying they have but just that they may.

I do think the OP has been a little naive in engaging with the agency without asking about cost & what processes they go through for the fee. Would you actually do this with any other 'service'?

Do you mind me asking if the agency in question are a national or smaller independant?

We ain't talking about working for MI5 here.:D

Recruitment agencies do just that, find people and employers and match them, they do nothing more. Its about selling to both sides, not finding the best candidates for employers and vice versa, its about volume of sales.

Savvy_Sue

ScoobySnacks79 wrote: »

I bet she's already paid an up front fee to them to find her work.

I thought THAT was illegal? Fine to charge companies looking for employees, NOT fine to charge individuals looking for work.

Wellery82

Couple thoughts -

Never interview a candidate before agreeing to the agency terms or negotiating them up front. This is the best time to negotiate as they want to win new business. As you have found out you are caught now as if they have at any point e-mailed you the terms, and you interviewed the candidate you have basically agreed to these terms.

I would suggest that you explain to them you are very pleased with their service and would like to consider some repeat business, but you can only do it if they drop the fee in this instance. I'm guessing it was 25% of 40k or similar, so maybe suggest 15% as your rate, on the proviso you will have repeat business with them, maybe even sound them out about a couple of other possible roles. Anyway if you can get them a bit more interested in future business you may save some cash now, and can either ignore them in the future, or if you think they could actually be ok then you have a lower set rate. If they think this is their one and only dealing with you they are likely to play hard ball