E90Post
 


Studio RSR
 
BMW 3-Series (E90 E92) Forum > BMW E90/E92/E93 3-series General Forums > Regional Forums > UK > UK Off-Topic Discussions > Employment agency



Reply
 
Thread Tools Search this Thread
      04-17-2013, 02:16 AM   #1
BeeEmmDubleYuu
Private First Class
25
Rep
137
Posts

Drives: BMW
Join Date: Jun 2010
Location: Here

iTrader: (0)

Employment agency

Not sure if there are any people here who know about employment agency laws.

If an agency sends an email asking if you accept their terms and conditions and email is sent replying, which is:

Sent by an employee who doesn't have the power to employ someone.
Email is not 100% clear if t&c have been agreed to.

Where does one stand with this if it goes to court regarding agency fees?

Thanks
Appreciate 0
      04-17-2013, 03:07 AM   #2
djgandy
Colonel
djgandy's Avatar
146
Rep
2,337
Posts

Drives: E93 M3
Join Date: Aug 2012
Location: London

iTrader: (0)

Garage List
2011 M3  [0.00]
Surely this would be covered under normal contract law?
Appreciate 0
      04-17-2013, 07:52 AM   #3
BeeEmmDubleYuu
Private First Class
25
Rep
137
Posts

Drives: BMW
Join Date: Jun 2010
Location: Here

iTrader: (0)

Quote:
Originally Posted by djgandy View Post
Surely this would be covered under normal contract law?
What would be? Could you elaborate a little further?

Thanks
Appreciate 0
      04-17-2013, 07:59 AM   #4
gaza01
Colonel
gaza01's Avatar
United Kingdom
105
Rep
2,692
Posts

Drives: E92 335i
Join Date: Dec 2010
Location: London

iTrader: (3)

definitely contract law but I don't understand your first post
Appreciate 0
      04-17-2013, 08:09 AM   #5
dobbo99
Major
227
Rep
1,489
Posts

Drives: E39 530 oldskool
Join Date: Jan 2011
Location: UK

iTrader: (0)

i think it depends on what the email contains itself, is a generic email or someone sent you a CV??
pm sent
Appreciate 0
      04-17-2013, 08:13 AM   #6
BeeEmmDubleYuu
Private First Class
25
Rep
137
Posts

Drives: BMW
Join Date: Jun 2010
Location: Here

iTrader: (0)

In short an agency sent an email to a manager asking if they accept the terms and conditions.
The email that this manager sent replying to the agency is not clear if the manager said yes (the email contains other conversations that they could have been referring to).
The manager is in no position to take on any employee without any authorisation from the MD.
The agency have now sent an invoice which i think should not be paid.

So although there are some gaps above i think the main points are above. If anyone does have experience in this matter then im more than happy for you to send me a PM and i can explain in depth :-).

Thanks

Also what do you mean by what would fit under a contract law?
Appreciate 0
      04-17-2013, 09:10 AM   #7
djgandy
Colonel
djgandy's Avatar
146
Rep
2,337
Posts

Drives: E93 M3
Join Date: Aug 2012
Location: London

iTrader: (0)

Garage List
2011 M3  [0.00]
Well that sounds like a very loose contract, but without knowing all the facts it is hard to say. If it is that loose though I'd say they'd have a hard time enforcing it and if they do it would sound like their business model is intimidation rather than running an agency. Contracts don't just work like "If you reply to this email you owe me £10000000" for xyz.

Do you not have a legal dept at work? Sounds like a case for them.
Appreciate 0
      04-17-2013, 09:37 AM   #8
nicktyler
Major
United Kingdom
32
Rep
1,271
Posts

Drives: 335i (sadly gone)
Join Date: Jan 2012
Location: Essex

iTrader: (3)

Garage List
Well you either have a contract or you don't. The Manager either replied saying yes or he diddn't.

That is where the issue will lie but even if he did say yes on email and there have been no official contract physically signed then they are going to have a hard time claiming you owe them the payment.

Did you use their services? If not what are they charging you for? If so then why do you not want to pay?
Appreciate 0
      04-17-2013, 10:14 AM   #9
Trevikins
Retired
Trevikins's Avatar
England
21
Rep
120
Posts

Drives: G20 320i M Sport
Join Date: Dec 2008
Location: Northumberland, England

iTrader: (0)

Quote:
Originally Posted by BeeEmmDubleYuu View Post
Not sure if there are any people here who know about employment agency laws.

If an agency sends an email asking if you accept their terms and conditions and email is sent replying, which is:

Sent by an employee who doesn't have the power to employ someone.
Email is not 100% clear if t&c have been agreed to.

Where does one stand with this if it goes to court regarding agency fees?

Thanks
Although we don't know the 'ins' and 'outs' of the e-mail trail you might want to read this article "At what point can an e-mail form a contract? (April 2012)."

Hope this helps.
Appreciate 0
      04-17-2013, 10:26 AM   #10
Hotcoupe
Major General
Hotcoupe's Avatar
United Kingdom
191
Rep
6,110
Posts

Drives: Don't know yet!
Join Date: Jul 2007
Location: UK

iTrader: (2)

Garage List
Quote:
Originally Posted by BeeEmmDubleYuu View Post
Sent by an employee who doesn't have the power to employ someone.
Quote:
Originally Posted by BeeEmmDubleYuu View Post
In short an agency sent an email to a manager asking if they accept the terms and conditions.
The email that this manager sent replying to the agency is not clear if the manager said yes (the email contains other conversations that they could have been referring to).
The manager is in no position to take on any employee without any authorisation from the MD.
If the Manager knew he didn't have the authority to deal with the Agency,why did he enter in to any form of negotiations in the first place?

It sounds to me like the manager has employed someone that the agency put forward,and the reason for the original question is to seek ways to avoid paying any agency fee.

If that's not the case,apologies,but from an Agencies perspective,their argument would be that they were under the impression (albeit wrongly) that they were dealing with someone (manager) who was in a position to make such decisions.

Has the company employed someone?
__________________
=================================


Never argue with an idiot on the internet. He will drag you down to his level and beat you with experience.
Appreciate 0
      04-17-2013, 11:46 AM   #11
AlanQS
Colonel
AlanQS's Avatar
Scotland
240
Rep
2,810
Posts

Drives: Jaguar XE P250 HSE
Join Date: Jan 2008
Location: Glasgow

iTrader: (0)

Garage List
If the manager was tasked with filling a position and used an agency to find the person, has accepted one of the candidates and made a job offer then your company is obliged to pay the agency fee. If it is a full time salaried staff member, then it will be a percentage of their first year salary, if a contract worker then you pay the agency the agreed hourly rate and they take care of the worker.

Your company representative is a manager and, at that level, the agency would be entitled to believe that he was authorised to make contracts on behalf of his company as managers in most companies usually are. No specific check by the agency would be required nor would there be any obligation on them to do so.

If the above is a representation of the events, then it sounds like someone is looking for an excuse not to pay the agency, or perhaps more likely, doesn't like the amount they have to pay (typically 12 to 17% of first year salary).

However, help is at hand, if you belatedly wish to re-negotiate (too late really) then simply pay the new employee off within a couple of weeks. The agency's fee will be conditional on the employee remaining at the company for, typically, three months, and if you pay the poor bastard off, your fee to the agency will be much reduced.
Appreciate 0
      04-17-2013, 11:52 AM   #12
gaza01
Colonel
gaza01's Avatar
United Kingdom
105
Rep
2,692
Posts

Drives: E92 335i
Join Date: Dec 2010
Location: London

iTrader: (3)

Quote:
Originally Posted by BeeEmmDubleYuu View Post
In short an agency sent an email to a manager asking if they accept the terms and conditions.
The email that this manager sent replying to the agency is not clear if the manager said yes (the email contains other conversations that they could have been referring to).
The manager is in no position to take on any employee without any authorisation from the MD.
The agency have now sent an invoice which i think should not be paid.

So although there are some gaps above i think the main points are above. If anyone does have experience in this matter then im more than happy for you to send me a PM and i can explain in depth :-).

Thanks

Also what do you mean by what would fit under a contract law?
Then is will be down to interpretation of what was written. I'm no solicitor but have suitable qualifications and deal with contract law every day for my job. You'll need an 'expert opinion' whether the email conversation can be construed as acceptance. Him taking on employees without MD approval is not a contractual issue but merely a company policy issue. He will most likely have power of attorney to act on behalf of the company in the eyes of the law regardless of their own in-house policies.
Appreciate 0
Reply

Bookmarks

Thread Tools Search this Thread
Search this Thread:

Advanced Search

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off



All times are GMT -5. The time now is 06:30 AM.




e90post
Powered by vBulletin® Version 3.8.11
Copyright ©2000 - 2024, vBulletin Solutions Inc.
1Addicts.com, BIMMERPOST.com, E90Post.com, F30Post.com, M3Post.com, ZPost.com, 5Post.com, 6Post.com, 7Post.com, XBimmers.com logo and trademark are properties of BIMMERPOST