Employment agency blocking me taking up a job offer

roachy

Hi all,
I've just had some great news and then some awful news.

I have been working in my dream job for 7 months and really loving it. I spent the last month really worried because the employer put the job out to competitive interviews (equal ops etc) but on Friday I was told that subject to refs I would be offered the job.

Of course one of my refs was the agency I had been working for as I had done a few contracts for them prior to this job. I contacted them and they seemed cool to provide the refs.

However, I was taken aside this morning and told that there was real concern and the offer was being reviewed because the agency had contacted my employer and demanded a "finders fee" way above the 10-15% that appears normal , closer to 30% of salary!

Ive read stuff like this on line:-

"A hirer can also avoid paying a temp to perm fee after a certain period of time has elapsed since the end of a worker's assignment. This period is 14 weeks from the start of the assignment or eight weeks from the end of the assignment, whichever ends later. After this period, the employer is free to hire the individual directly without paying a temp to perm fee."

Apparently the agency has offered that I continue to work for them for 12 weeks and they will let me go, but that means I lose the annual leave entitlement and the pension contribution I would have received in that time.

Where do I stand if my employer agrees to the 12 weeks but I trell the agency to take a long work as I feel my relationship with them has irrevocably broken down over this?

Please help as I feel totally trapped by this.

xapprenticex

if staying with the agency 12 weeks means they will let you go and you can still get the job i wouldn't worry about minor issues like the a/l or the pension as its a short period.

sangie595

roachy wrote: »

Hi all,
I've just had some great news and then some awful news.

I have been working in my dream job for 7 months and really loving it. I spent the last month really worried because the employer put the job out to competitive interviews (equal ops etc) but on Friday I was told that subject to refs I would be offered the job.

Of course one of my refs was the agency I had been working for as I had done a few contracts for them prior to this job. I contacted them and they seemed cool to provide the refs.

However, I was taken aside this morning and told that there was real concern and the offer was being reviewed because the agency had contacted my employer and demanded a "finders fee" way above the 10-15% that appears normal , closer to 30% of salary!

Ive read stuff like this on line:-

"A hirer can also avoid paying a temp to perm fee after a certain period of time has elapsed since the end of a worker's assignment. This period is 14 weeks from the start of the assignment or eight weeks from the end of the assignment, whichever ends later. After this period, the employer is free to hire the individual directly without paying a temp to perm fee."

Apparently the agency has offered that I continue to work for them for 12 weeks and they will let me go, but that means I lose the annual leave entitlement and the pension contribution I would have received in that time.

Where do I stand if my employer agrees to the 12 weeks but I trell the agency to take a long work as I feel my relationship with them has irrevocably broken down over this?

Please help as I feel totally trapped by this.

I am afraid that such arrangements are common in the contractual terms between an agency and their client. And the client here is the employer, so you telling them to take a hike is irrelevant because you have no say in the matter. The employer either knew about, or should have known about, the term in the contract they had with the agency. They will have to decide whether they are willing to pay up or come to some other arrangement with the agency. Alternatively they can attempt to walk away, but they are likely to be sued.

30% of salary isn't actually that uncommon. I haven't dealt with agency arrangements recently, but I know several had similar sorts of fees for finding staff for employers. Certainly a lot above 10 - 15%.

HappyMJ

roachy wrote: »

Hi all,
I've just had some great news and then some awful news.

I have been working in my dream job for 7 months and really loving it. I spent the last month really worried because the employer put the job out to competitive interviews (equal ops etc) but on Friday I was told that subject to refs I would be offered the job.

Of course one of my refs was the agency I had been working for as I had done a few contracts for them prior to this job. I contacted them and they seemed cool to provide the refs.

However, I was taken aside this morning and told that there was real concern and the offer was being reviewed because the agency had contacted my employer and demanded a "finders fee" way above the 10-15% that appears normal , closer to 30% of salary!

Ive read stuff like this on line:-

"A hirer can also avoid paying a temp to perm fee after a certain period of time has elapsed since the end of a worker's assignment. This period is 14 weeks from the start of the assignment or eight weeks from the end of the assignment, whichever ends later. After this period, the employer is free to hire the individual directly without paying a temp to perm fee."

Apparently the agency has offered that I continue to work for them for 12 weeks and they will let me go, but that means I lose the annual leave entitlement and the pension contribution I would have received in that time.

Where do I stand if my employer agrees to the 12 weeks but I trell the agency to take a long work as I feel my relationship with them has irrevocably broken down over this?

Please help as I feel totally trapped by this.

You get the annual leave whether you're working for the agency for the next 12 weeks or the employer.

You can make increased pension contributions when you do start working for the employer in 12 weeks time which should make up for the pension contributions you'll miss out on over the next 12 weeks.

Depending on what they pay the agency for you will depend what option they take. They could pay the 30% now or continue to hire you through the agency for 12 weeks. I think they'll go for the 12 week option.

You could choose to take some time off over the next 12 weeks so the agency doesn't get quite so much as they would have had you worked the full 12 weeks.

roachy

"You could choose to take some time off over the next 12 weeks so the agency doesn't get quite so much as they would have had you worked the full 12 weeks."

Unfortunately I've read that this resets the clock on the quarantine period.

I have not had a single day off since October to show how dedicated I was and was only joking with my manager yesterday that as soon as my signature is on the contract I will be asking for a fortnight.

However, I could threaten the agency with taking 8 weeks off and returning to my employer as a free agent, and the way I'm feeling right now (what with the sun and having moved to this job in the rural south west from 20 years of London) it wouldn't take much to push me into doing that.

sangie595

roachy wrote: »

"You could choose to take some time off over the next 12 weeks so the agency doesn't get quite so much as they would have had you worked the full 12 weeks."

Unfortunately I've read that this resets the clock on the quarantine period.

I have not had a single day off since October to show how dedicated I was and was only joking with my manager yesterday that as soon as my signature is on the contract I will be asking for a fortnight.

However, I could threaten the agency with taking 8 weeks off and returning to my employer as a free agent, and the way I'm feeling right now (what with the sun and having moved to this job in the rural south west from 20 years of London) it wouldn't take much to push me into doing that.

Depending on the terms of the contract, that certainly may be an option. If the employer is prepared to damage the relationship with the agency. Which this invariably would do. Depends how much the employer values that relationship.

roachy

"If the employer is prepared to damage the relationship with the agency. Which this invariably would do. Depends how much the employer values that relationship."

Well he's already told them that he will use their competitors before them from now on, but I work in a very technical field and locally competent people are thin on the ground (facilitating my escape from London) so if he needs someone with specific qualification/skills he needs to cast his net wide.

patman99

Have a chat with the senior managers at the company who have offered you the job. They may well agree to you taking an 8 week break if it saves them 30% of your salary as a signing fee.

getmore4less

roachy wrote: »

However, I was taken aside this morning and told that there was real concern and the offer was being reviewed because the agency had contacted my employer and demanded a "finders fee" way above the 10-15% that appears normal , closer to 30% of salary!
.

They should know what is in the contract they sign with agencies.

getmore4less

roachy wrote: »

I have not had a single day off since October .

What is happening to the accrued holiday?

maisie_cat

The agency isn't blocking you, you are just caught in the middle of a dispute between the employer and agency. The temp to perm finders fee has been around for decades, so nothing new. Working for the 12 weeks is probably the best solution, the pension lost is small in comparison,but get it in writing.
I once worked for a small business who used an agency to find me, and then wanted me to find a hole in the contract to avoid paying when I started! They used to get temps on a regular basis, and get them to lie to the agency when they became permanent to avoid paying the finders fee.
Don't be tempted to collude in anything iffy, the problem with colluding in anything dodgy is that it will mark you as prepared to be dishonest and it will come back to bite you on the bum in the future.