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 client pulling a fast one?!
Author:JJ
Date:Tuesday, 27th Jul 2010 12:26
Views:203 (excluding Digests and RSS feeds)
Category:Fees and Terms of Business
URL:http://web.ukrecruiter.co.uk/forum/Forum/read.php?i=210014

Hi Guys
Bit of advice would be greatly appreciated:
I recently submitted a candidate to a new client for a particular role which the client had given me to work on. I mentioned in the email that the candidate would probably be better suited to another role I was told they had a vacancy for.
Having followed this up I have been told by the client that the candidate would indeed be suitable for the alternative role I mentioned, but... the company has a rule that they will not take on ex staff via an agency if they have left the organisation within 5years (as essentially they feel their internal guys should have these candidates covered)!
My argument is that they have not contacted this guy at all as yet, so therefore should i be penalised for their internal teams not identifying them - and it seems my 'submission' of the candidates details will lead to some direct activity in trying to secure them. The candidate is fully aware of this and thinks the client is trying it on somewhat and supports my argument. (he left said company in Dec 2005 so 5 months short of 5yr rule)...

Anyone experienced this or have any advice - would be greatly appreciated. I am a sole trader and this is a big fee for me...

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 Re: client pulling a fast one?!
Author:Mitch
Date:Tuesday, 27th Jul 2010 12:40
Views:5 (excluding Digests and RSS feeds)
Category:Fees and Terms of Business
URL:http://web.ukrecruiter.co.uk/forum/Forum/read.php?i=210014

Same as always Jeff.

It depends on who's terms of business you're working to - yours or theirs. If it's yours then it depends if your terms of business state that a company interviewing a candidate that you have introduced as being an implicit acceptance of your terms.

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 Re: client pulling a fast one?!
Author:Jeff
Date:Tuesday, 27th Jul 2010 12:51
Views:7 (excluding Digests and RSS feeds)
Category:Fees and Terms of Business
URL:http://web.ukrecruiter.co.uk/forum/Forum/read.php?i=210014

Thanks Mitch.

I have only ever sent the client my terms of business with each CV - the only requirement I have agreed to is to work at their painfully low rates! So nothing signed either side - I believe my terms are pretty watertight in terms of them being enforcable upon receipt (though of course i am now doubting myself on this)...

As it is a new client i'm aware I dont want to be too aggressive in my stance, however, i do not wish my stance to = my being bent over a desk and royally *******!

Perhaps as the candidate is onside - i should wait it out - see what happens and if they do take them on - hit them with an invoice?

Jeff

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 Re: client pulling a fast one?!
Author:Mitch
Date:Tuesday, 27th Jul 2010 14:06
Views:4 (excluding Digests and RSS feeds)
Category:Fees and Terms of Business
URL:http://web.ukrecruiter.co.uk/forum/Forum/read.php?i=210014

Hi Jeff.

If it were me, I'd have the discussion about it upfront.

Good luck.

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 Re: client pulling a fast one?!
Author:Jeff
Date:Tuesday, 27th Jul 2010 14:45
Views:9 (excluding Digests and RSS feeds)
Category:Fees and Terms of Business
URL:http://web.ukrecruiter.co.uk/forum/Forum/read.php?i=210014

Yes probably correct Mitch
Though must admit a part of me is not wanting to upset the apple cart at this stage incase it does then preclude the candidate from further progression. And sour the relationship I have been working hard to build... (souring it by putting in an invoice lessens the pain for me lol)
Fun clients!

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 Re: client pulling a fast one?!
Author:Mitch
Date:Tuesday, 27th Jul 2010 14:50
Views:5 (excluding Digests and RSS feeds)
Category:Fees and Terms of Business
URL:http://web.ukrecruiter.co.uk/forum/Forum/read.php?i=210014

The way I see it Jeff, is that if the client refuses to hire someone they deem right for a job just because they'll incur a fee, then they are not the type of business worth working for.

If that happens, be sure to tell your candidate that they had a lucky escape.

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