Client breaching signed T&C's

[Luke bell]

Hi All,

Hope you could shed some light on this one as I'm not really a legal eagle.

I am in the recruitment industry and we have a client which we have been working with over the past year or so. We have recently found out that the client went behind our backs and set-on a candidate to avoid paying our recruitment fees.

We know this because one of the company's employees that recently quit, phoned us to tell us that the company owner went behind out back. The employee called us because she was placed in a job through us just over a year ago and she isn't happy anymore.

We have signed terms and conditions, email trails and all of our calls are recorded, we also have recorded calls from the employee that phoned us to tell us that they went behind our back. My business partner has called the director of the company (the woman who has caused this) and she basically told him to F*** OFF as he asked for an immediate payment to be made for breaching our signed terms of service.

Basically, I can see where this is heading, but I'm looking for somebody else's opinion on this? Thanks in advance.

 

[Ian J]

Basically, I can see where this is heading, but I'm looking for somebody else's opinion on this? Thanks in advance.

Litigation is my guess as if you have the paper trail and can prove that the person is working there they don't have a leg to stand on

 

[Luke bell]

It looks that way. We will give the client a 14 day period to settle the debt with us before proceeding to the next step, as in court this may look 'unreasonable' if we demand the payment now.

Yes we have the paper trail and calls, so it would probably swing in our favour. The person doesn't work there anymore, the client signed our terms November 2016 we sent the candidate across in November 2016 and she set the candidate on in January 2017, which she stayed at the company until June 2017, we have only just found out this happened.

In our T&C's it states that any candidate put forward by us cannot be contacted or employed by the company within 6 months if they do not wish to proceed with the candidate(s).

 

[Charlie B ACS]

Have you invoiced them for the Take on Fee, if not there isn't a debt yet?