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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I have used a recruitment agency to supply a new member

Resolved Question:

Hi I have used a recruitment agency to supply a new member of staff - they did and I paid the fees c. £2.2k however the person only stayed with us for 1 month due to personal reasons. We advised the agency of this and they have told us that we are not entitled to a refund of the fees as the original fees were not paid by the invoice date of 21 days after they started (we paid them 7-10 days after this date). In their terms and conditions we had requested a 90 day trial period to ensure that the candidate was the right person for the job so this does seem a bit unfair.
They have offered as a gesture of goodwill that they will find another candidate however it's been 2 mths since the new employee resigned and we're not had a single applicant sent through by them - they say they are still looking.
We have found a new employee ourselves and I would like some advice on where I stand getting all or some of the fees back.
Kind Regards
Justine fulker
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you with this.Did they agree to the 90 day trial please?
Customer: replied 1 year ago.
Yes I have it confirmed it writing but there are terms and conditions around this about paying the invoice on time - it wasn't pointed out to me at the time though
Expert:  Ash replied 1 year ago.
Were these terms terms about payment etc incorporated before or after the 90 agreement?
Customer: replied 1 year ago.
Hi Alex, Shall I send you the terms so that you can see how they are worded?
Expert:  Ash replied 1 year ago.
Sure.
Customer: replied 1 year ago.
Hi AlexSee attachedJustine
Expert:  Ash replied 1 year ago.
So you signed this?
Customer: replied 1 year ago.
Hi Alex, I didn't and I'm just checking to see if my Manager didJustine
Expert:  Ash replied 1 year ago.
Thanks.
Customer: replied 1 year ago.
Neither of us signed the revised terms but I may have signed their general terms and conditions previously but can not find them at the moment eg. couple of years ago but we haven't recruited from them before
Expert:  Ash replied 1 year ago.
Ok. Then if you requested a 90 day trial and this was agreed, this is incorporated into the terms and conditions as an express term. This means it forms part of the contract. Therefore they can not pursue the payment because the employee left. This is clearly within the 90 day period.They can find someone else to replace and you would still be liable for the fee, but they can't claim the fee based on the fact it was agreed a 90 day trial.As such you are not liable for the fee.Can I clarify anything for you about this today please?Alex
Customer: replied 1 year ago.
Hi Alex one last question they are claiming that because I was late paying the original invoice then this is why they will not refund the fee back to me - can they do this?
Thanks
Justine
Expert:  Ash replied 1 year ago.
No they can't JustineThe agreement doesnt allow that.Does that clarify?Alex
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
Ash and other Law Specialists are ready to help you
Customer: replied 1 year ago.
Hi AlexIf I need a letter from yourselves about reclaiming the fees - can you provide it and how much would it cost?RegardsJustine

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