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Ash
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My question concerns an international recruitment consultancy

Resolved Question:

My question concerns an international recruitment consultancy that is seeking to claim a fee for a placement they did not make.
The amount being sought is £11,000.
In May 2015 we were looking for a new manager in our business. HC was appointed and started June, and the recruitment company paid their fee.
We have now received an email from another agency, Michael Page, who say that HC's CV was sent to, albeit unsolicited, in November 2014. At that time we were not looking to recruit and whilst our office manager asked some basic questions about HC, her CV was not opened and nothing went further. The email did not specifically include Michael Page T&Cs, however the footer of the email suggests that any recipient of the email accepts Michael Page T&Cs a copy of which are available on request. Apparently these T&Cs state that a fee is payable where a candidate is recruited within 12 months of details having been provided.
This strikes is as unfair, unacceptable, and no doubt means that candidate details are carpet bombed to businesses with a view to securing a fee over the subsequent 12 months.
There is some irony in that at November 14 we were not looking to recruit as we had recruited a manager in July 14 through Michael Page. In the event, that candidate did not work out and was asked to leave April 15, and then we had to seek a replacement. Hence the appointment of HC.
We have exchanged emails with Micheal Page setting out the facts however they are not interested and have today said that they are taking action.
Please note that all our staff were transferred to a new holding company on 1st January 2015. Consequently the unsolicited email sent to us (the trading subsidiary) didn't technically result in the appointment of HC. HC was actually appointed by the holding company which did not technically receive the email and have never dealt with Michael Page. This has not been put to them as yet.
Thoughts welcome.
Marc Neilon
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you.
Just to be clear did you sign any terms in the initial recruitment with the company for MP please?
Customer: replied 1 year ago.
Hi AlexThe subsidiary company, Jamesons Limted, engaged Michael Page for the specific replacement in July 14. As far as we were concerned the T&Cs were specific to that placement.Kind regardsMarc
Expert:  Ash replied 1 year ago.
But that was not part of your recruitment?
Customer: replied 1 year ago.
Please check the dates Alex. We recruited through MP Juy 14.In November 14 we got their unsolicited email with HC details. We were not recruiting at that time.6 months later we got rid of someone and had to recruit. With another agency we appointed HC.As MP sent HC CV in November 14, unsolicited and at that time of no interest, they now claim their fee.
Expert:  Ash replied 1 year ago.
Ok - then you are not liable for the fee. They were not instructed it was unsolicited, therefore you are not liable. You are not bound by the terms because you did not agree to them.
Can I clarify anything for you about this today please?
Alex
Customer: replied 1 year ago.
Is it really as simple as that? They say their T&Cs apply as stated in the footer to email. They are a large company and will no doubt have precedent. Is it also relevant that the email was sent to Jamesons Limited, yet we recruited though our holding company Jamesons Capital Limited.Thanks
Expert:  Ash replied 1 year ago.
Yes. It was unsolicited, there is no contract. That is it.
Alex
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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Customer: replied 1 year ago.
Thank you

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