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Jenny
Jenny, Solicitor
Category: Law
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In September last year I discussed rates of commission with

Resolved Question:

In September last year I discussed rates of commission with a recruitment consultant over the phone, my expectation was a rate of 17.5%, the consultant wanted to charge 25%. At that time we didn't do any business together.
Recently the same recruitment consultant speculatively sent me a CV of a potential recruit. I acted on that and ultimately we ended up recruiting the candidate.
The invoice has now been received for the commission and its been charged at 25%.
His argument is we never formally agreed a commission rate last year and he sent through the T&C's through with the candidate we've just employed thus defining the commission rate we must pay.
Where do I stand legally on this? Do I have to pay the 25% or is there an argument to only pay at 17.5%?
Submitted: 2 years ago.
Category: Law
Expert:  Jenny replied 2 years ago.
Hello my name is ***** ***** I am happy to help you today. Was commission discussed prior to using the recent recruit?
Customer: replied 2 years ago.

The last time we discussed commission was the last time he and I spoke in September last year.

Until March (ish) there were no other conversations at all, then this speculative CV landed in my inbox.

All communication thereafter was via email bar one or two brief calls, and none of them referenced commission rates.

Expert:  Jenny replied 2 years ago.
Ok I think you are going to struggle with an argument that your rate applies.
Ultimately if you are aware that his commission rate is 25% and you accept a recruit, then you will be deemed to accept it on that basis, unless there was an explicit agreement to the contrary.
You could try to run an argument to see if they will back down but this is not something that would legally have any merit such to be worth litigating over.
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 best.
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