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Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today.
Please can you summarise their terms in relation to the candidates employment with you?
OK thank you, ***** ***** it with me. I am in court today so will prepare my advice during the day and get back to you at the earliest opportunity. There is no need to wait here as you will receive an email when I have responded. Thank you.
Many thanks for your patience. In the circumstances I am not confident you will have much luck recovering the fees you have paid. Having read the terms and conditions which you had agreed, your rights are quite clear. I know you said you never signed these terms but that is not a legal requirement for them to be binding. If you were issued with them before you decided to use the agency’s services and did not challenge them, then it would be assumed that you had agreed to them, whether you had signed them or not.
Under the terms, you are due to pay a fee once you have permanently taken on someone introduced to you by that agency. It specifically says that the minimum fee charged would be £2,000 and that would be regardless of how long they worked there for. There is the provision for reduced fees if someone leaves within 8 weeks of starting but you would only get a 12.5% rebate of the fees charged for weeks they did not work in those 8 weeks. So you appear to have already been given a substantial discount. Based on all the terms you will only be able to pursue them if you can show that they had acted negligently in their selection of this person, for example if they knew or should have known that he was unsuitable for the role and that he was unlikely to last in it. There is nothing stopping you from trying to pursue them or putting them under pressure to reconsider their position but be mindful that you do not have a bulletproof case here.
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It is possible that they may find it difficult to chase you for the full amount because they had already given you an offer you had accepted for the discounted rate. So you can argue that this is going to amount to a breach of contract. But it does not stop them from trying. As to the employee’s pay, I am afraid you are legally required to pay him for the time he worked even if he did not give you notice at the end. For the breach of contract you can pursue him for any losses incurred from this, but not the recruitment fees as he was not required to stay for a minimum period, it would just be fees with getting a short term replacement, so the difference in ay if you had to pay more.
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oh I see sorry I thought the £1k was the full discounted rate, in that case they can potentially go for the full amount if they really wanted to. Whether they are successful is don to the courts but ideally you do't want to expose yourself to further risk.