Contractor - agent sent out speculative CV against my wishes
Discussion
I have been working for a client firm for approx 16 months, and have been resisting signing an offered extension for various reasons. When I told my agent that I was considering my options, they put me onto another of their colleagues who offered to send a speculative CV to three appropriate firms.
I said that I did not want to sent speculative CVs out - unless I was in a position of being out of work. That was last week.
I got a call today from a former colleague at one of the 3 firms mentioned - as a courtesy - to let me know they had received my CV from the agent.
Extremely displeased, and will be asking (a) why this has happened against my explicit instructions, and (b) where else they have spammed with my details.
They really are a hopeless lot who, until now, have had nothing to do with me beyond processing BACS payments from the client.
I would dearly love to rid myself of them - but suspect I cannot do that while I continue with the current client on extended assignments.
In terms of the restriction of my services to this client via any other route than this agency, I find the Assignment schedule / contract wording a little ambiguous. The "Restriction" clause in the contract reads as follows:
The Consultancy shall not and shall procure that the Consultancy Staff shall not for a period of 6 months following the termination of the Assignment supply the services of the Consultancy Staff directly, or through any other person, firm or company, to any Client for whom it has carried out the Assignment at any time during the previous 6 months [save in the case of supply through an Employment Business or recruitment consultancy with whom the Consultancy was also registered at the date of commencement of the Assignment]
The last sentence, in square parenthesis, is what reads ambiguously to me. The Assignment I am currently engaged in runs from 1st June to end November (and the offered extension - not yet signed - runs from 1st December to end May 2013).
The above clause reads to me as if I could turn down the current offered Assignment and work for the client via another agency with whom I was registered at the commencement of my current Assignment?
Any advice on how to deal with this sort of nonsense (acting in direct contravention of my instructions re. sending out the CVs) and the specific contractual point above would be much appreciated.
cheers,
N
I said that I did not want to sent speculative CVs out - unless I was in a position of being out of work. That was last week.
I got a call today from a former colleague at one of the 3 firms mentioned - as a courtesy - to let me know they had received my CV from the agent.
Extremely displeased, and will be asking (a) why this has happened against my explicit instructions, and (b) where else they have spammed with my details.
They really are a hopeless lot who, until now, have had nothing to do with me beyond processing BACS payments from the client.
I would dearly love to rid myself of them - but suspect I cannot do that while I continue with the current client on extended assignments.
In terms of the restriction of my services to this client via any other route than this agency, I find the Assignment schedule / contract wording a little ambiguous. The "Restriction" clause in the contract reads as follows:
The Consultancy shall not and shall procure that the Consultancy Staff shall not for a period of 6 months following the termination of the Assignment supply the services of the Consultancy Staff directly, or through any other person, firm or company, to any Client for whom it has carried out the Assignment at any time during the previous 6 months [save in the case of supply through an Employment Business or recruitment consultancy with whom the Consultancy was also registered at the date of commencement of the Assignment]
The last sentence, in square parenthesis, is what reads ambiguously to me. The Assignment I am currently engaged in runs from 1st June to end November (and the offered extension - not yet signed - runs from 1st December to end May 2013).
The above clause reads to me as if I could turn down the current offered Assignment and work for the client via another agency with whom I was registered at the commencement of my current Assignment?
Any advice on how to deal with this sort of nonsense (acting in direct contravention of my instructions re. sending out the CVs) and the specific contractual point above would be much appreciated.
cheers,
N
Just 'changing the agent' on a whim could result in a legal claim from the other agency based on the restrictive clause in the contract (which I agree is ambiguous) but more to the point could also cause some legal bother for the end client and that's if they are even happy to enter a purchasing agreement with 'any other' agency you wish to use. Most are likely to have strict preferred supplier lists with carefully reviewed contract terms and so on. I wouldn't do it personally unless I liked getting into legal disputes and was certain the end client were supportive.
I don't dispute the speculative CV spamming was sonewhat cockish but how exactly has it riled the OP? The only party likely to be caused any ill repute is the agency, I can't see how it reflects badly on the contractor. It just seems like a lot of potential aggro to take on over a fairly trivial matter.
Also why would drawing a comparison with an employment contract be even remotely relevant?
I don't dispute the speculative CV spamming was sonewhat cockish but how exactly has it riled the OP? The only party likely to be caused any ill repute is the agency, I can't see how it reflects badly on the contractor. It just seems like a lot of potential aggro to take on over a fairly trivial matter.
Also why would drawing a comparison with an employment contract be even remotely relevant?
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