Legal advice against recruitment agency

Smodlet

"The hiring company told me that the email was forwarded to her."

For some reason the Quote button seems not to be working. If this is a real situation and you have proof in writing that your email was forwarded, it may be worth complaining to the head honcho of the offending agency on the grounds of data protection violation. I would suggest you do your own research/consult a solicitor before pursuing this, though.

I assume this was an actual email and not some post on social media.

RFLAT

Yes it was an actual email that was forwarded to her, although the company don't want to get involved so won't provide the email... although apparently I can request the email from the agency, legally via the freedom of information act they have to provide it?

tizerbelle

Freedom of Information Act does not apply to an employment agency - its only relevant to public bodies.

It is (for now at least) a Subject Access Request under the Data Protection Act 1998 and there is likely to be a small fee

BorisThomson

tizerbelle wrote: »

Freedom of Information Act does not apply to an employment agency - its only relevant to public bodies.

It is (for now at least) a Subject Access Request under the Data Protection Act 1998 and there is likely to be a small fee

And it's likely any such email will not materialise as a result of a SAR. These things tend to go missing/ have never existed in such situations.

Dox

In your shoes I'd be furious. The really extraordinary thing is that the hiring company have told you that the reason for withdrawing the offer was that they were sent your e-mail. They don't have to give a reason for withdrawing the offer so it is very odd indeed. Did they themselves tell you and if so how - in writing? What has your 'original' agency (who got you the job) had to say about all this?

What is certainly wrong is the forwarding of your e-mail without your consent, even if you didn't mark it 'confidential' (few of us do).

I'd contact the ACAS helpline for some guidance: http://www.acas.org.uk/index.aspx?articleid=1410 It is possible (but NOT certain) that you could be entitled to a payment equal to whatever your starting period of notice would have been with your new employer if you had accepted the offer; and/or compensation for loss of earnings while you look for a new job. Again, this is far from certain, so talk to the experts and give them all the relevant facts.

Any financial redress is likely to be modest, so you need to consider whether such action would be advisable, particularly if it is going to sour future relationships.

Finally, you might want to consider making a formal complaint about the behaviour of the second agency. Ask for a copy of their complaints procedure - but do talk to ACAS first, and also consider whether it could all be a bit of a pyrrhic victory even if you do get anywhere.

RFLAT

Thanks that's really helpful, I will contact acas

nicechap

Dox wrote: »

In your shoes I'd be furious. The really extraordinary thing is that the hiring company have told you that the reason for withdrawing the offer was that they were sent your e-mail. They don't have to give a reason for withdrawing the offer so it is very odd indeed. Did they themselves tell you and if so how - in writing? What has your 'original' agency (who got you the job) had to say about all this?

What is certainly wrong is the forwarding of your e-mail without your consent, even if you didn't mark it 'confidential' (few of us do).

I'd contact the ACAS helpline for some guidance: http://www.acas.org.uk/index.aspx?articleid=1410 It is possible (but NOT certain) that you could be entitled to a payment equal to whatever your starting period of notice would have been with your new employer if you had accepted the offer; and/or compensation for loss of earnings while you look for a new job. Again, this is far from certain, so talk to the experts and give them all the relevant facts.

Any financial redress is likely to be modest, so you need to consider whether such action would be advisable, particularly if it is going to sour future relationships.

Finally, you might want to consider making a formal complaint about the behaviour of the second agency. Ask for a copy of their complaints procedure - but do talk to ACAS first, and also consider whether it could all be a bit of a pyrrhic victory even if you do get anywhere.

Who is going to make that payment? The agency who sent the email containing the OP's true views? Or the company with whom s/he has no contract? And to whom they mislead about their view of the job. They'd have more luck with a cash for crash lawyer.

Can I have a payment too?

Dox

nicechap wrote: »

Or the company with whom s/he has no contract?

OP may have a contract with the company - depends if offer had been accepted. ACAS will be able to advise. Very common to misunderstand when contracts come into being (they don't have to be in writing to be binding).

robatwork

Can I sue? Yes
Is it pointless? Yes

So it's a yes from me.

Les79

nicechap wrote: »

(D minus for dilema AI/bot)

Seen this once before (maybe from you).

What does it actually mean?