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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 49819
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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We employed a person introduced to us through an agency as

Customer Question

We employed a person introduced to us through an agency as an accountant.The person was interviewed by me and a Cv was provided by the agency.The person appeared to be idle for the job and the Cv matched the requirement of the job description.The person had holiday dates which were honoured and started work 4/3/13 for 6 days then went on holiday until 2/4/13 including the easter break.The person then worked until 5/4/13 and walked away.
Prior to her going on holiday and after 6 days we were questioning her on certain aspects of the job and she could not do a very important part of the role ie management accounts we asked the agency for a copy of the CV she had given to them but they would not provide it in her absence while on holiday.When she returned from holiday we questioned her about her ability to do the job and received from her a copy of her CV which was different to the CV she had given to the agency.In effect the agency had changed her job title and job description in an earlier job position and made it look like she was better qualified than what she was,this made it look as if her earlier employment was doing the same job description as we were advertising.At the initial interview she was not questioned about the contents of her CV as it gave the impression she was perfect for the role.
The agency are claiming the introduction fee less an allowance for the short time she spent with us 2612.00 pounds.We have advised them that we consider the changes to the CV was misrepresentation and in effect we could have a counter claim because of the wasted costs we incurred to train her. Are we able to class this as misrepresentation
due to the agency falsifying the CV to make it look like she was better qualified for the role.
Submitted: 4 years ago.
Category: Employment Law
Expert:  Ben Jones replied 4 years ago.

Ben Jones :

Hello, my name is Ben and it is my pleasure to assist you with your question today.
Before proceeding please note that as I am a practising solicitor, I am often in and out of meetings, travelling between clients or even at court when I pick your question up. This may even occur at weekends. Therefore, I apologise in advance but there may be a delay in getting back to you and providing my advice. Please be patient and I will respond as soon as I can. You do not have to wait here and you will receive an email when I have responded. For now please let me know what is your specific question?

JACUSTOMER-9acz4048- :

I intend to defend any legal action taken by the agency to charge us the 2602 pounds because of the misrepresentation of the persons job title.Have I got grounds to do this.

Ben Jones :

You indeed have grounds to argue misrepresentation in this case. This would occur where a party has made a false statement of fact or law which induces another party to enter into a contract with them.

The key elements are:

  • Was a representation made
  • Was that representation false
  • Were you aware of that representation
  • Did you specifically rely on that representation to enter into a contract

There may be a degree of contributory fault here because you still had an interview with her and that would have provided you with an opportunity to inquiry into her experience in more detail rather than simply relying on the CV.

Nevertheless you can consider refusing to pay the agency and if they are unhappy with that it would be up to them to take the matter further. Due to the value of the claim this will go to the small claims court and even if you lose all you would be required to pay is the amount due (which still could be less than what they are claiming), a small amount of interest and some court fees. Altogether it will not be much different than what is claimed now so it could be a risk worth taking.