gpssti4

iTrader: (6)

My wife was working for a temping agency and was sent to work as a retail assistant in a shop for 6 weeks before the shop closed the position. The shop decided to employ someone on a permanent basis and as my wife had worked there and knew the job well, so she applied through the correct route (CV, interview etc) and they employed her. She informed the temp agency that she had a permanent job and wouldn't be working for them any longer.

Now, the temp agency has found that she is working in the same store and they are insisting that the shop pay £2000 (ish), or they'll take the shop to court - poaching staff.

What this means is that the shop may let my wife go from the position as it's going to cost too much.

I always thought that an existing employer (temp agency) couldn't stop you approaching another company for employment. Am I correct? If so where do we go from here?

LongTimeLurker

No expert here but we have on a number of times taken on staff who have come to us on a temp'ing basis without issue. I guess it will all be in the contract if any that was signed by your wife with the temp agency, if there is no contract then in all honesty (layman talking here) i don't think they have a leg to stand on and are just trying it on.

gpssti4

iTrader: (6)

She signed a contract, but can't now remember the exact details. Even so, if a job is advertised they can't stop her applying, or can they?

///\oo/\\\

Any contract she signed is between her and the temp agency, not the shop.

If the shop signed a contract with the temp agency (which I assume they wil have), then it may well be in the terms of that contract that if the shop employs the temp full time there is a payment to be made.

The shop should check their contract with agency.

fitzscoob

We employ some staff through a temping agency, for us we have a fixed term for how long we have to hire them before we can approach them for full time employment.

I think we have them as 'temps' for a couple of months, then if they turn out to be any good we phone up the agency we work with and let them know the score.

I think it depends on the length of the contract, i.e. if your wife was filling a temp position supposedly for 2 months, but before the contract was finished the position of the temp was terminated and the full time position became available - then the agency might have an issue with lost revenue.

I guess you will need to read the small print on the contract that was signed.

jaytc2003

iTrader: (1)

we use temp staff occasionally, and they have it in their contracts with the companies that they deal with that if the person who they introduced to the company is taken on by the company either whilst working for the temp agency or within a certain period of time then an introductory fee is applicable. (as above it is usually a few months worth of fees think ours is 3 months)

Dont know what reason the shop could use though for getting rid of your wife, the only one I could think of is that the postion is no longer required but that would then mean that they would have to do without for a while. I suppose they could make life hard for your wife though so that she fails her probationary period (assuming she has one)

For what its worth, to train someone they say it usually costs a few grand.

tmo

depends on the contract between the agency and 'the shop'. Usually they have a cooling off period between leaving the agency and taking employment with 'the shop', this can be as much as 13 weeks !

tmo

the shop could always lay your wife off stating position no longer required and then re-employ her with a different title i.e retail assistant to customer adviser. etc etc

gpssti4

iTrader: (6)

hmmmmm never thought of that. Thanks

Jay m A

iTrader: (2)

We employ temps and often make them perm - the agency we use have a sliding scale 'finders fee' reducing to 0 if we've had them temping for 6 months.

Its all in the contract that the company signed with the agency.

Basically if your wife was being paid £6 p/h by the agency, they were charging the shop say £9 p/h for the hire. Obviously the shop is now paying less than the agency costs p/h now that your wife is perm - the agency want the difference as a finders fee - how that is calculated is set in the contract.