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Recruitment Agency Question

Hi all

Can anyone help please.

We used a temp through an agency back in August. This guy wants to join us, and we would like him to join, but I am unsure whether the agency could still claim an introduction fee for him. I have searched high and low but cannot see anything about timescales.

He last worked 1 shift at the start of August.

Can someone please save me from trawling through pages of the internet!

TIA

586 views
  • There should be something in the temp agreement provided by the agency that the company will have signed in August - or you could just ask them? Unless you’re trying to avoid paying an introduction fee that you may have signed up to...!
  • It will depend on the terms you have with the agency so you should look there.
    Usually there will be a clause that you can't employ them for 6 or 12 months without paying the fee.
    For future terms, agree what will happen if a temp goes perm - good agencies will often discount off what you have already paid them
  • In reply to Maya:

    Thank you. There is nothing in there at all.
  • In reply to Elsa Knight:

    Hi there there is nothing in the terms that talks about employing after a certain time period. There are details of temp to perm, but he has not been used by the agency since August, and they are not using anyone via this agency any more as they are so expensive. I just wondered if there was a blanket period of time where it would be written off.
  • Claire
    This is a commercial law question and since statute makes no default provision then it’s down to what has been agreed between the parties. If you have not agreed anything then nothing is due.
  • In reply to Claire:

    It comes down to the agreement in place, as Ray, Maya and Elsa have said. If this occurs again and the person is still temping for the agency, they will find out about it because the person will not be available for any more temp roles and agencies can be very determined in chasing for payment, including taking legal action, as it is unfortunately not unusual for employers to attempt to dodge fees.

    You also need to check whether they sent their terms and conditions to anyone else and if that document contains a fee that would apply. I have had T&Cs sent to me with a covering email that states if we do not respond, these are the terms that will apply. I don't know how enforcable that is, but wouldn't want the nuisance of finding out via legal action.

  • They cannot charge now
    There is legislation which is vey little known but to the best of my knowledge has not been revoked.
  • In reply to Peter Stanway:

    Interesting Peter... What statute is this?
  • Is it the Conduct of Employment Agencies & Business Regulations 2003? There’s a detailed explanation in this Personnel Today article if so: www.personneltoday.com/.../
  • In reply to Maya:

    Yes detailed but not clear
    Agencies do a great job of keeping it unheard of and confusing
    The whole point of the legislation is to avoid barriers to employment.
  • In reply to Peter Stanway:

    Indeed, clear as ditchwater......