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I work as a contractor in the oil and gas industry and have recently been looking for a new contract.
I was given the details of a recruitment agency who I was told had a position on the market for an engineering consultantancy company. I spoke to the agent, forwarded them my CV and they forwarded it on to the company.
This resulted in an informal chat over a beer with the hiring manager, we got on well and he wanted to bring me in for a more formal discussion with a view to the company giving me a contract.
It transpired over the weekend that the recruitment agency had had a falling out with the consultancy company, resulting in the agent being removed from the consultant's approved supplier lists (my understanding is that this was before I was on the scene).
So the current situation is that the hiring manager still wants to give me a contract, but can't as:
a) the consultancy won't deal with the recruiter as they're not an approved supplier
b) I can't go to the consultancy direct as the recruiter will have attached anti-poaching T&C's to my CV when they sent it to the consultancy (or they'd be hit with a bill)
Where do I stand, or what can I do to move this forward?
Would the recruiter's T&C's be enforceable if they were putting me forward for something they knew they couldn't delver on?
Mods, sorry can you move this to the chat forum?
Find out who is on the approved supplier list and contract through them.
Yep forward CV to the other recruiters around.
b) I can't go to the consultancy direct as the recruiter will have attached anti-poaching T&C's to my CV when they sent it to the consultancy (or they'd be hit with a bill)
It depends on what your agreement with the agency that introduced you to the employer is, but just going to another agency probably won't fix that for the reason you identify above. You and your employer might choose to chance it.
If the agency has no contract then Ts&Cs ain't going to do much.
Anti-poaching stuff ain't worth the paper it's written on in the absence of a contract to back it up. If the company and agency had fallen out before you came on the scene then the agency are prats.
If the agency knew they were already persona none grata and knew it then this could be seen as them actually trying to block you from work, or tring to use you as a pawn to get back in the door, either is wrong this would seem to be an agency not looking after their clientelle, I'd be telling them to do one.
Go direct to the company and cut out the agencies altogether. As other state, the agency didn't have a contract when they introduced you.
[i]I can't go to the consultancy direct as the recruiter will have attached anti-poaching T&C's to my CV when they sent it to the consultancy (or they'd be hit with a bill)
[/i]
Their problem, not yours.
How will the recruiter ever find out? I returned to a previous employer once via a different agent (better daily rate & smaller commission) and the original agent never found out.
Their problem, not yours.
seems like it's the OP's problem if it means he doesn't get the job!
Thanks for all of the advice and comments.
Yep, if I don't get the contract it's my problem!!
[quote=teef ]How will the recruiter ever find out? I returned to a previous employer once via a different agent (better daily rate & smaller commission) and the original agent never found out.
A certain IT recruiter has a department that check LinkedIn etc to see if people move to a company they interviewed at through them and then a big legal team to enforce the T&Cs. A falling out doesn't negate contract terms unless the contract says so 😉