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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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We recently advertised jobs and one of the agency carers applied

Resolved Question:

we recently advertised jobs and one of the agency carers applied and was successful. I am aware of the contract that says we have to pay an induction fee to the agency but I did not approach this carer she applied for jobs that I had advertised. I have seen some equal opps law for agency workers that says if an end user has vacancies then they must tell the agency staff, as they have a right to apply for a permanent position and this would void any fee's in the contract. I did not at any time approach the agency carer as I was aware of the fee. but surly if I did not give her an interview then I would be discriminating against her due to the fee.
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you.What do the terms say about introductory fees please?Alex
Customer: replied 1 year ago.
I have not got a copy with me, but all the normal things about last shift worked and how many weeks there needs to be in-between, the total bill is £3120. It is the same as all agency use. I looked on line at an agency law site and that is where I found the equal opps information. I am working at home today so I do not have the contract with me.
Expert:  Ash replied 1 year ago.
Does it define what an introduction is?
Customer: replied 1 year ago.
I have to cover my shifts at all times, if I cant d this with my own staff, I then ask the agency for a carer. the contract we have with them says that if we go on to employ this carer w have to pay an introduction fee to the agency. Some companies use agencies to try staff out before employing them and then at the end of the time if they get on well they then take them on, which is great, introduction fee paid for this. But our circumstances are different, we use the staff ad-hock, it just happens that I did advertise jobs and this lady applied. The jobs were advertised within the home and also in the town. I am trying to get a copy sent to me of the contract.
Expert:  Ash replied 1 year ago.
Yes I understand but I will need to know what the definition of an introduction is,
Customer: replied 1 year ago.
Any carer that is sent to us to cover a shift this is classed as being introduced to him/her
Customer: replied 1 year ago.
I should have the paperwork I need very shortly which may help
Expert:  Ash replied 1 year ago.
Sure.
Customer: replied 1 year ago.
if within 8 weeks of the end of a temporary workers assignment or 14 weeks after the start date of the temporary workers first assignment (whichever is the later) the client agrees to employ or make use of the temporary worker in any capacity weather temp or perm otherwise then directly through the agency , the client will be liable to pay an introduction fee of 200x the workers hourly rate.
Expert:  Ash replied 1 year ago.
Thank you. I assume you signed the contract?
Customer: replied 1 year ago.
The law that I found is from the temp and agency workers equal treatment Bill
Access to direct employment and protection from unfair treatment
it says
an end user (me) shall inform all agency workers provided to him of any vacancies for work as a direct worker in his undertakingany clause of any contract between an employment business or employment agency and
A, an agency worker
B, end user
is void and of no effect insofar as it prohibits, prevents or has the effect of preventing , an agency worker becoming a direct worker for the end user
Customer: replied 1 year ago.
I think we have signed the contract. That would of been before my time.
Expert:  Ash replied 1 year ago.
You should check to see if you have signed it. If you have not then all well and good. But if you have then sadly the term is clear 'client agrees to employ or make use of the temporary worker in any capacity'. You will have done and on that basis a fee will become payable.Can I clarify anything for you about this today please?Alex
Customer: replied 1 year ago.
I don't get it, where does the equal rights come in? so in future if this clause is in the contract then I refuse to sign? if I'm approach by the carer and don't give them an interview due to his clause am I not discriminating. Frustrated! it might not be so bad if she was not still working for them too. They have the best of both worlds.
Thank you for looking at it.
Expert:  Ash replied 1 year ago.
Yes I understand your frustration. Your only way out is to complain that the terms of unfair as per the Unfair Contract Terms Act. However given you are a business owner, you could have objected to the wording of this clause before you signed it, to read that you are not liable for a fee if you are approached for example.Can I clarify anything else for you?Alex
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Customer: replied 1 year ago.
They catch us signing every time just realised it is on the back of the time sheet that sign. but you are right I might try and do something in the future.
thank you for your help Nicki
Expert:  Ash replied 1 year ago.
Sorry its not better news Nick. If this answers your question could I invite you to rate my answer before you go today, otherwise the site doesn’t pay me for the time spent with you. Thanks in advance! Alex