tinhead

The interview for my current job was arranged through an agency but now I am considering leaving after only 3 months. My boss has made a veiled threat that if I leave voluntarily within 6 months I will be liable for the fees payed to the agency. I don't remember signing anything to this effect with the agency and I think he is just trying to stop me from leaving. What do you reckon?

ProperCharlie

afaicr most contracts will mean that the agency will have to supply your boss with another operative at no additional fee, if you do the off within the probation perod. i am not aware of any penalty for the employee in these circumstances - you might find that the job is just not to your liking.

Cider boy

He's talking out of his whatsit mate, there is no way they can "charge" you the agency fee

Depending on his contract with the agency he may have some recourse with them, or, and this sounds more likely, your company will be left out of pocket for your fees!

He's just trying it on to stop him having to pay to find somebody else by the sounds of it!!

Matt

NotoriousREV

Tell him if he continues to bully you and attempt to blackmail you that you'll have him before a tribunal before he can say "here's your P45 and a glowing reference"

gavnnik

Illlegal - you cannot make a charge to find someone a position (whuch effectively this amounts to). You boss may have recourse with the agency but even this is unlikely as standard claw back terms will me 13 weeks (which is the length of most probations).

Sounds like you should get out of this company if this is there attitude to staff but try talking to the agency that placed you to see if they have any constructive suggestions. If they haven't then don't use them to to find you a job in the future!

alistair

Clawback from the agency could be 6 months and propbably tapered.

What that means is that your company can claim back some of the fee paid to the agency if you leave. They have no claim against you unless you signed some sort of contract with them.

tinhead

Thanks for the replies so far.
I think it was a "threat" made out of desperation as the company is struggling to find enough people to fully man the department. I have not spoken to the agency directly because a friend of mine has left already who used the same agency and we thought we would let them make the first move.
On another issue, what is the minimum notice period the firm could make me work. I have worked there 9 weeks and am monthly paid but nobody has signed any contracts yet. When my friend left they told him he would have to work a month, he said I haven't signed any contract yet so i'll do a week, after further "negotiations" he left the same night. I think they may be getting contracts drawn up straight away, does this make any difference or is it just down to the length of service.

BedHog

Agency fees are paid by the employer - nothing to do with you.

And if you haven't signed a contract - then you don't have one, leave whenever you like

Length of service has nothing to do with notice - it's all down to contract.

beemerboy

tin head, use you noddle mate.
if you havent a contract and dont get on with anyone there AND you really want to leave, then walk out.
if you need reference, or have some sort of psychological commitment to helping them out then work out some amicable notice period, for them to rehire someone, say a week or two.

its up to you mate.

you are cetrainly not liable for any agency fees at all, thats between the employer and the agency, provided you havent signed 'owt.

good luck

BB

the moose

Spot on. Contract is between the agency and the company for the supply of a service - procuring your employment services. If you leave, the company might have some recourse to the agency (often only 8 weeks though) but could never have recourse to you, unless you'd signed a weird contract of employment.

Getting a reference will be fine as well - they HAVE to provide a reference, and unless you've been terminated for misconduct etc, they're legally not allowed to say anything bad about you.

You could leave immediately, as you have no contract of employment, but this isn't exactly professional, now is it? I'd suggest a month, in the absence of any other information, but I'd also point out to them (if they get shirty) that you don't need to do this, you're just allowing for an orderly handover. If they get really bad I'd literally walk out, leaving a letter stating that since you've been given no notice period, you deem it to be a week, which you're taking as unpaid leave.

chiark

I think everything that could be said has been said

I'd be "rather annoyed" if someone tried to pull that stunt on me. This may affect whether you want to continue working for this bunch.