Recruitment agency dilemma

[Twentyfour7]

Hi All

I have recently been approached by an employer to do some temporary part time work (one day a week for nine months). I have previously worked for this employer when I was first introduced to them and started working for them through a recruitment agency.

I am not sure but as the employer has emailed me directly offering the work I am assuming they don't want to hire me through the agency again.

I last worked for the employer 18 months ago and I do not think there is anything in my past/general contract with the agency that forbids me working directly for the employer should I be approached by them, but I feel uncomfortable with the situation.

I have worked for the agency on an ad hoc basis for several years and I therefore do not want them to perceive I have gone behind their back, I also am concerned about raising the issue with the agency as I feel I will be snitching on the employer.

As yet I have not agreed a day of the week I can work for the employer so I may not be able to service their contract anyway and therefore would have nothing to worry about.

However I would be really grateful for any thoughts on what is the best way to manage the situation please

Thank you

Twentyfourseven

[bad company]

If you haven’t worked for that company for 18 months I don’t see how the agency can have any claim at all.

Just take the work if you want it.

I have 23 years experience of owning and running a recruitment agency. We wouldn’t require a fee after that long.

[Twentyfour7]

Hi Bad company
Not sure what you mean you wouldn't take a fee after that long?
When I first worked for the employer through the agency I only worked part time for about 2 - 3 months, this was 18 months ago.

[bad company]

Twentyfour7 said:

Hi Bad company
Not sure what you mean you wouldn't take a fee after that long?
When I first worked for the employer through the agency I only worked part time for about 2 - 3 months, this was 18 months ago.

When you worked for them before were you being paid by the agency or the employer?

Either way the agency will have earned some kind of fee for the placement but that was 18 months ago so what’s the problem in going back now? The agency have had their fee.

[Gargamel]

Twentyfour7 said:

Hi Bad company
Not sure what you mean you wouldn't take a fee after that long?
When I first worked for the employer through the agency I only worked part time for about 2 - 3 months, this was 18 months ago.

You will be fine, the agency have no claim after 18 months. Usually their terms and conditions are 6 months. Sometime a year.

[bad company]

Gargamel said:

Twentyfour7 said:

Hi Bad company
Not sure what you mean you wouldn't take a fee after that long?
When I first worked for the employer through the agency I only worked part time for about 2 - 3 months, this was 18 months ago.

You will be fine, the agency have no claim after 18 months. Usually their terms and conditions are 6 months. Sometime a year.

Ours was 15 months to pull in repeat annual holiday bookings. That was really pushing it though and may not have been enforceable, it was never challenged.

[Twentyfour7]

bad company said:

When you worked for them before were you being paid by the agency or the employer?

Either way the agency will have earned some kind of fee for the placement but that was 18 months ago so what’s the problem in going back now? The agency have had their fee.

The problem is I feel that agency introduced me to the employer and the agency may think that it is discourteous to not go through them again. After all if all their customers stopped using them after a certain period and went direct to the worker their repeat business would seriously diminish.

I was wondering whether I should ask them (without disclosing the employer) what they expect in this sort of situation, although I think they would be able to guess the employer and say I should ask the employer to go through them!

[edc]

The contractual arrangements between employer and recruiter are for them to worry about. If you want the work just confirm with the employer.

You may feel like you are doing the right thing but what if the recruiter now as a better candidate, a cheaper candidate or the employer is now pissed off as he is taking sales calls because you did something they weren't expecting. Tell the employer you worked through X recruiter previously and let them make any contact they feel necessary.

[bad company]

edc said:

The contractual arrangements between employer and recruiter are for them to worry about. If you want the work just confirm with the employer.

You may feel like you are doing the right thing but what if the recruiter now as a better candidate, a cheaper candidate or the employer is now pissed off as he is taking sales calls because you did something they weren't expecting. Tell the employer you worked through X recruiter previously and let them make any contact they feel necessary.

This.

The contractual situation between the agency and the employer is not the op’s problem.

[Twentyfour7]

Thank you all for your thoughts on this. Just wondering if as a recruitment agent you found that the worker was now working for your ex client whether this would put you off using them again?
Cheers

[Sa Calobra]

The agency can threaten things but they can't enforce anything. It's too long ago.

For us it was generally upto a year. No longer.

[bad company]

Twentyfour7 said:

Thank you all for your thoughts on this. Just wondering if as a recruitment agent you found that the worker was now working for your ex client whether this would put you off using them again?
Cheers

No it wouldn’t. We were a business, if another client had a need for a particular worker we’d call them.

[Countdown]

I stand to be corrected but I thought the gap between employing somebody through an agency (weekly timesheets) and taking them onto your own payroll without any fee being payable to the Agency was 3 months max.?

I was told this by an AW who loathed the agency she worked for but wanted to come back and work for us.

[bad company]

Countdown said:

I stand to be corrected but I thought the gap between employing somebody through an agency (weekly timesheets) and taking them onto your own payroll without any fee being payable to the Agency was 3 months max.?

I was told this by an AW who loathed the agency she worked for but wanted to come back and work for us.

That may be right, we didn’t do ‘temps’ paid through the agency. It certainly doesn’t apply for contractors paid direct by the end user/employer.