Employment Lawyers Can Answer Your Employment Law Questions
Hello my name is ***** ***** I am happy to help you today. On what basis do they say this fee is payable?
Even though he was originally employed by QDOS before joining their agency they claim they had to fight to get him a second contract this is because they claim he was not going to be employed again by them. This they have not proved by anything other than their words on paper.
Ok so to your knowledge there is no contract which sets out that they get a percentage of his earnings in future placements in certain circumstances?
They claim in my original contract that there was no clause that would accommodate previous employment therefore I cannot claim it as in my portfolio.
ok but nothing to set out that they could claim for future employments?
A clause stating for the next 3 years any employment that the agent found - but again I asked for proof that they found this employment and nothing other than words on paper about the 2nd employment
when you say words on paper what you mean?
The agent writing to say what she has achieved
Ok but no direct correspondence between the agent and the employer putting you forward for the post?
No - my son wrote himself to get this job and stated he was self employed
Ok no problem, to answer your original question it is only legal for the agent to claim the fee in the event that contractually the fee is due. This means that if there were a contract that stated that a fee is payable if the agent introduced him and they did then the Agent can claim the fee. If the Agent has not introduced him in accordance with a contract or there is no contract in place at all then there is no legal basis upon which the fee is payable.
He should resist paying on the basis that he says there is no contractual right.
It may be that the Agent tries to bring a claim but they would have to prove in court that they are contractually entiteld to the fee. On the basis of what you have said they will struggle.
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