Possible dispute with employment agency

MOB

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I have a situation where I can't make up my mind what to do. Briefly:

1. I signed with an employment agency to hire a secretary;

2. They sent me a CV; I emailed that the candidate seemed well qualified but that she lived too far away, that I could not see her continuing with the commute on a permanent basis. Got no reply from agency.

3. Independently of this (and all within the same week) the same candidate had sent in a CV to my hiring manager (aka spouse) in response to an ad spouse had placed for me. Spouse called candidate for a chat; it transpired that candidate was planning to move to a town quite close to me. Spouse told me of this candidate.

4. I interviewed her and hired her (and she is great; really a good hire).

Agency sent me an invoice. I am in two minds about whether to pay it. My thoughts are:

A. After I told Agency that I thought candidate lived too far away, if they had no other candidates forthcoming, I might still have contacted the candidate, found out she was moving and hired her. In this situation, I would definitely have paid the Agency. I might well have felt that they had done little enough to earn their fee, but I would have paid.

B. The candidate made independent contact via my spouse; So I would have hired candidate regardless of whether the Agency had sent her CV to me - and they had their chance, albeit a window of only a day or two - in which to wrap it up by responding to my email (and candidate had told them she was moving - they just hadn't bothered to update their records)

I would like some opinions, preferably from people who regularly hire and who use employment agencies. Opinions along the lines that Employment Agencies are useless\moneygrabbers\chancers and never pay them if you can avoid it would not be particularly helpful. I also don't particularly want to bog down in a discussion about the niceties of strict contractual liability - I have read the Terms and Conditions and they are capable of being interpreted either way.

My inclination is to pay something, but not the full fee - maybe 30-50%; I have asked a few people for a second opinion and the consensus has been that I should not pay anything, so I just wonder am I being soft?
 
Had a similar situation with an agency (in Australia). It all came down to when I first received the CV. I was able to prove to the agency that the candidate CV had reached me prior to their introduction using the times on emails. Not sure if this helps you at all??
 
What is the invoice for. If its just for passing on a CV etc then you should pay it.

If it includes comission for hiring an employee I wouldn't pay that part of it. As you wouldn't have hired the employee based from the CV they sent you.
 
Agency sent me an invoice. I am in two minds about whether to pay it.
Did they send you any other CVs in addition to that for the person who you ultimately hired? Did they render any other services - e.g. meet you to discuss requirements, plan a strategy etc.? As above what precisely is the invoice for?
 
Hi MOB
My background is working in recruitment agencies and at present I am responsible for internal recruitment for a company that uses agencies so I think I am in a well informed position to offer advice. Firstly, you should refer carefully to the terms and conditions that the recruitment agency sent you. In 99% of cases, a client (i.e you) is deemed to have agreed to the terms and conditions once the client proceeds to an interview with the candidate arranged by the agency. In your situation, the candidate applied to you directly (irrespective of the fact that they applied through the agency) and you entered into no agreement with the agency. You are not eligible to pay the agency anything. If the agency did not send you there terms and conditions then they have even less of a case to make against you.

They really are chancing their arm in this scenario, taking advantage of your uncertainty and have no argument.
I hope this helps:)
 
They had previously sent me some patently unsuitable CVs; it all happened fairly quickly, over a 10-20 day period as best I recall. Their fee model is that you pay them if you hire a candidate which they 'introduce' , and the relevant contractual terms are not really a lot more than that.
 
IMO The canditate they presented was different to the one who applied directly, because the details were significantly different on the CV.
 
Since you say that you are inclined to pay maybe 30-50% why not just explain you view of the situation to them and offer them 30% as an opening shot?
 
I think that is probably what I will do - though more likely just send the cheque on a take it or leave it basis.

thanks again all
 
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