Recruitment Agents

unicornrider

All - I am looking for some advice.

I signed up to several recruitment agencies of varying standard of levels of representing me. One of which has never put me forward for any interviews, and, indeed, I am not aware that they have even considered my CV for any position, coming up with various excuses as to why.

Shortly after I went in there, the actual Agent (whom I liked) left, and, as it happened started her own agency in another town.

I applied via an advert on Reed, or some other job website, not knowing that it was her who had this new Agency - just that I liked the look of the advert.

Apparently, however, she is not allowed to represent any candidates signed up by the other agency - even if she has the "perfect job" and they have done nothing for the candidate. There is something about a 6 month period, but, of course, that might be the time in which the job is!!!

I would have thought that, in these days, this was against my human rights?

The initial agency did not tell me that I could not go to the new one. Nor, during any of this time, have they found me employment. Nor did the new agency approach me, but I approached them, not knowing that it was the person I had seen.

Would someone please advise me of my rights in this - as I am not aware that anyone can tell me, an independent job seeker, with whom I can and can't register and look for a position?

Thanks for your assistance.

an9i77

This could be due to a clause in her restrictive covenant ie she promises not to 'steal' any candidates or clients when leaving the agency (I know she didn't steal you and you contacted her of your own accord but the principle is the same). You can only register with her if she wants/is able to register you - I don't see that she is infringing any of your rights here.

LadyMissA

what if you un regsiter from the 1st agency? Could they represent you then?

unicornrider

An99 - I am aware that there is a restrictive covenant, but, I am unclear as to how candidates can be included in this - unless stolen! That would be my question as to it being against MY rights

Not sure MissA - to a great extent, I am prepared to wait, rather than cause problems, but, equally, if the "perfect job" did turn up, then I'm reluctant to be the one who should suffer. Especially as it's not exactly unusual to be on several recruitment agencies lists ....!!!!!

an9i77

unicornrider wrote: »

An99 - I am aware that there is a restrictive covenant, but, I am unclear as to how candidates can be included in this - unless stolen! That would be my question as to it being against MY rights

Not sure MissA - to a great extent, I am prepared to wait, rather than cause problems, but, equally, if the "perfect job" did turn up, then I'm reluctant to be the one who should suffer. Especially as it's not exactly unusual to be on several recruitment agencies lists ....!!!!!

I guess the restrictive covenant will not specify whether she stole you or you approached her or whatever. it will probably just say that she cannot use any clients that have been registered with the first company for a period of x months. I don't see that it is your 'right' to register with a particular agency. What do you mean by right - in the legal sense? I don't think any laws are being broken here. Perhaps you can clarify what you mean when you say your rights are being infringed - which rights?

unicornrider

My right to have a job!

My right to chose who gets it me

My human right of choice!

OK, no-one has a right to a job, but, try telling that to those nice people who charge for important things, that we do have the right to - food and shelter! The Agent who has started the second agency MIGHT be under a restrictions to stop her approaching clients/candidates - but, to make it clear - she did NOT approach me, I applied for a position that she was advertising.

The first agency has done NOTHING at all for me - refusing to put forward my CV for positions they have that I had qualifications/experience outlined in their adverts, so, in my opinion, have not done anything for me.

I believe that, I have a right of choice in whom I wish to use in my job hunt, and, that, alone would be where my rights are being infringed.

an9i77

unicornrider wrote: »

My right to have a job!

My right to chose who gets it me

My human right of choice!

OK, no-one has a right to a job, but, try telling that to those nice people who charge for important things, that we do have the right to - food and shelter! The Agent who has started the second agency MIGHT be under a restrictions to stop her approaching clients/candidates - but, to make it clear - she did NOT approach me, I applied for a position that she was advertising.

The first agency has done NOTHING at all for me - refusing to put forward my CV for positions they have that I had qualifications/experience outlined in their adverts, so, in my opinion, have not done anything for me.

I believe that, I have a right of choice in whom I wish to use in my job hunt, and, that, alone would be where my rights are being infringed.

I understand that Unicornrider and from a moral point of view I can see what you're saying. Unfortunately, to uphold rights in this country requires LAWS, and I can't think of any laws that are being broken here. So I'm not sure, other than coming on here for a vent, there is a lot you can do.

hcb42

It is not about your 'human rights'....there are many people in the world who don't have access to the most basic rights and this isnt one of those situations....by a long way!

but as for the situation, if the prev agency didnt put you forward then there is no problem. She might have a clause in her terms and conditions of employment not to poach staff or something, but you are not staff of this agency and you have never been put forward for a role - plus you approached her not the other way around

Is she hiding behind some excuse - i.e. are yuo qualified for the role she has in mind? As if you are, there is no problem I can see, if your CV has not been put forward to that customer before.

unicornrider

I would just like to ask - since it's the internet! - are you a lawyer by any chance?

Of course, venting is a useful purpose within this - and warning others of the situation that they might end up in - however, I did specifically ask for advice - and so I will wait and hope

Evilm

I think she's applying it a bit restrictively but only she/her lawyers can say that. I believe that you going to her is allowed as long as she didn't target you specifically/directly. However there is no legal requirement that could force her to put you forward.

IF you want to be underhanded in order to be put forward for this job - and this IS underhanded - go to the original agency and explain that the other agency can't put you forward for this role but could they put you forward.

This could shake loose a couple of things: 1) They do put you forward after finding out who the client is and you do or don't get the job. 2) They refuse as they don't have a way to work with the potential employer (for example that employer refuses to work with them anymore for some reason) and they release her from the restrictive covernant on this one occasion. 3) They say no and nothing is resolved.

However : This is underhanded so think carefully before trying it. I can't see it backfiring too much (as its in neither companies interest to blacklist you.)

The other possible option that I don't think the recruiter will go for is for the recruiter to contact her prior agency and agree to split the fees/pay them the fees if she places you. She will want to get the fees though so unlikely to go for it.

FYI - I'm not a lawyer.

duckandcover

When I worked at a recruitment agency (just as support staff), we had consultants who joined us from other agencies and who had 6/9 month restrictive covenants. I'm not sure how it worked on the candidate side but on the client side, it meant that they couldn't operate in the same geographical area as before. So for example, one guy who in his old job dealt with North Oxfordshire joined our South Oxfordshire team, before moving back into the North Oxfordshire market later in the year.