Recruitment agencies

Hi I am posting on behalf of a friend who needs some advice please.

She joined with an agency in Oct looking for carer positions. She has yet to sign a contract with the agency. However, before this she applied for a position as an lsa and has just been offered a job. However, the lsa job is with one of the clients of the agencies and they have said to her that she can not go into employment with one of the agencies clients for 6 months after her last shift with the agency. She really wants this job but does not know what to do.

She has not had her handling and moving training yet and paid for her CRB.

I was wondering if anyone had any advice for my friend please?

Thank you

 

[trishmullen]

Hi I am posting on behalf of a friend who needs some advice please.

She joined with an agency in Oct looking for carer positions. She has yet to sign a contract with the agency. However, before this she applied for a position as an lsa and has just been offered a job. However, the lsa job is with one of the clients of the agencies and they have said to her that she can not go into employment with one of the agencies clients for 6 months after her last shift with the agency. She really wants this job but does not know what to do.

She has not had her handling and moving training yet and paid for her CRB.

I was wondering if anyone had any advice for my friend please?

Thank you

If no contract was signed, then the recruitment company is in no position to tell your friend who she can and can't work for.

Ask her to give ACAS a quick bell and I'm sure they'll tell her the same.

Good luck to her getting the position and I hope it all works out for her.

Trish

 

[Talay]

Tell them to get stuffed. Agents sometimes try this scam on the young and unwitting to try and garner a commission.

 

[trishmullen]

Tell them to get stuffed. Agents sometimes try this scam on the young and unwitting to try and garner a commission.

that is funny but absolutely true. All they see is a lost position they didn't fill because your friend got it under her own steam.........they also see about £1800 going down the drain!

 

[10032012]

Hi I am posting on behalf of a friend who needs some advice please.

She joined with an agency in Oct looking for carer positions. She has yet to sign a contract with the agency. However, before this she applied for a position as an lsa and has just been offered a job. However, the lsa job is with one of the clients of the agencies and they have said to her that she can not go into employment with one of the agencies clients for 6 months after her last shift with the agency. She really wants this job but does not know what to do.

She has not had her handling and moving training yet and paid for her CRB.

I was wondering if anyone had any advice for my friend please?

Thank you

1) How do you join an agency? They vary from one to the next... but note in law an contract isn't limited to a big agreement that you sign down the bottom and date... if she filled in a form or even agreed to join on the phone (an verbal contract)... a contract may have been created. (This said an agency trying to enforce this will be difficult)

2) A restrictive covenant requires a written contract (or verbal, but to the point its not implied) and for her to have been an employee. She has no loyalty to the agency and they cannot prevent her working for any client.

3) Its not her problem. Its the clients who will be liable for the agency commission if they decided to recruit outside the agency IF terms prohibit this of course.

 

[SarahDinnage]

Your friend needs to find out if the company signed terms of business with the agency. Most terms will have a clause that if the agency had sent the cv to the client then there is a six month period where they are entitled to charge a fee for introduction.

The issue is between the agency and the client and your friend though affected is a casualty. She will have to let them slug it out but yes if they introduced her initially and terms were implied then they have a right to charge.

It is easy to sort out as long as they speak to each other (agent and client) though frustrating for your friend.

 

[BusinessDeli]

I've had this sort of thing with some of my contract work; Talay is correct - tell them to get stuffed! They cannot enforce anything saying you cannot work for who you wish to work for. Especially true as she applied for the job prior to joining the agency.
She might want to give her new employer a heads up but the agency hasn't a leg to stand on.

 

[SarahDinnage]

I think you'll find the agency has a right (if) they had sent the CV first before your friend did and also if they have signed terms. Depends on what happened when.

I dont just think I know that..