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Ask taratill Your Own Question
taratill
taratill, Solicitor
Category: Employment Law
Satisfied Customers: 6307
Experience:  15 years experience of advising on employment law matters
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My son was employed by a company called QDOS prior to registering

Resolved Question:

My son was employed by a company called QDOS prior to registering with an agent he worked for this agent for 12 months and the only work my son got in that time was for Royal Carribbean cruises through an open audition and his second year at QDOS which the agent is claiming they managed (again his audition was through an open audition and was a last minute placement). He left this agent 11months ago and wrote to Qdos who offered him pantomime back at his original place in Newcastle and he informed them he was self employed. The Agent has now contacted him claiming 12% of his earning is this legal ?
Submitted: 2 years ago.
Category: Employment Law
Expert:  taratill replied 2 years ago.
taratill :

Hello my name is ***** ***** I am happy to help you today. On what basis do they say this fee is payable?

Customer:

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.

taratill :

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?

Customer:

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.

taratill :

ok but nothing to set out that they could claim for future employments?

Customer:

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

taratill :

when you say words on paper what you mean?

Customer:

The agent writing to say what she has achieved

taratill :

Ok but no direct correspondence between the agent and the employer putting you forward for the post?

Customer:

No - my son wrote himself to get this job and stated he was self employed

taratill :

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.

taratill :

He should resist paying on the basis that he says there is no contractual right.

taratill :

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.

taratill :

If you have any further questions please do ask. If I have answered your question I would be grateful if you would take the time to rate my answer. Thank you and all the bes.t

Customer:

Thank-you

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