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Open ended exclusivity?

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    Open ended exclusivity?

    A contractor friend contacted me last night, concerned with a situation about what he thinks may be a case of unreasonable blocking of applications to a client by an agency he agreed a one role exclusivity with.

    He said he had worked at the particular client about 2 years ago for 9 months which included the original contract and 2 extensions. He left on good terms when the project finished.

    Recently he applied for a role back with the same client via an agent who wanted exclusivity agreed up front. Nothing unusual there. He agreed, clearly stating the exclusivity was only for this one role. He says to be fair to the agent, they did pursue the role and follow up because the client initially said they didnt think he had sufficient experience in some areas for the role.

    Ultimately, though the client rejected him for this role.

    Over the last 6 weeks, he has been approached by a number of different agencies for roles with the same client. None of these agencies asked for exclusivity and none of the applications have progressed despite all the agents claiming he was a very good fit.

    He said one application in particular, he got good vibes as the agent said the hiring manager liked his cv 'very much' and even asked what days would be suitable for interview.

    Since then, nothing. He reckons he has asked agents for any feedback but the response seems to be if the candidate isnt successful, the client wont generally give any feedback.

    So, he asked me, is it possible the exclusivity he agreed with the first agent for the one role, is being read by HR that the exclusivity is with that agency for any roles with this particular client, is there any way he can find out and if so, get this rescinded?

    I told him I couldnt see exclusivity agreed for one role could in any way be interpreted to mean complete exclusivity by one agent for any roles with the same client. I couldnt see how he'd be able to confirm this with the client (would HR engage in serious discussion about exclusivity?) and think his best chance would be by questioning the agent.

    Anyone else come across something similar and if so how to resolve?

    I know people will say it happens or he isnt suited to the roles but he's convinced something, somewhere has happened and that he's being blocked rather than being seen as not suitable.
    I couldn't give two fornicators! Yes, really!

    #2
    Originally posted by BolshieBastard View Post
    A contractor friend contacted me last night, concerned with a situation about what he thinks may be a case of unreasonable blocking of applications to a client by an agency he agreed a one role exclusivity with.

    He said he had worked at the particular client about 2 years ago for 9 months which included the original contract and 2 extensions. He left on good terms when the project finished.

    Recently he applied for a role back with the same client via an agent who wanted exclusivity agreed up front. Nothing unusual there. He agreed, clearly stating the exclusivity was only for this one role. He says to be fair to the agent, they did pursue the role and follow up because the client initially said they didnt think he had sufficient experience in some areas for the role.

    Ultimately, though the client rejected him for this role.

    Over the last 6 weeks, he has been approached by a number of different agencies for roles with the same client. None of these agencies asked for exclusivity and none of the applications have progressed despite all the agents claiming he was a very good fit.

    He said one application in particular, he got good vibes as the agent said the hiring manager liked his cv 'very much' and even asked what days would be suitable for interview.

    Since then, nothing. He reckons he has asked agents for any feedback but the response seems to be if the candidate isnt successful, the client wont generally give any feedback.

    So, he asked me, is it possible the exclusivity he agreed with the first agent for the one role, is being read by HR that the exclusivity is with that agency for any roles with this particular client, is there any way he can find out and if so, get this rescinded?

    I told him I couldnt see exclusivity agreed for one role could in any way be interpreted to mean complete exclusivity by one agent for any roles with the same client. I couldnt see how he'd be able to confirm this with the client (would HR engage in serious discussion about exclusivity?) and think his best chance would be by questioning the agent.

    Anyone else come across something similar and if so how to resolve?

    I know people will say it happens or he isnt suited to the roles but he's convinced something, somewhere has happened and that he's being blocked rather than being seen as not suitable.
    Extremely unlikely. He's reading too much into the rejections. Move on.....
    Blood in your poo

    Comment


      #3
      The original agency hasn't filled the role so they've passed it on to their affilates to widen the net. The role will still be "owned" by the original agency, and your friend has already been rejected. Hence, no point trying.

      HTH
      Blog? What blog...?

      Comment


        #4
        Two options to consider really.

        Fist is that if I've worked for a client before and I hear there are jobs going then I'd tap my contacts at the client (get some beers in!) to find out where the jobs are going and what they are after. Might be able to go direct or via a preferred agent on minimum margin.

        Second option is if there is a suspicion that you are blocked because of some sort of exclusivity with a particular agency then why not go back to that agency and have a chat about what opportunities the client may have? (Presuming the agent wasn't a total nob).

        Third option is to not read too much into the situation and just get on with hunting. I've seen clients who really can't get their tulip together when it comes to recruiting and spend ages messing people about without actually hiring someone....
        Free advice and opinions - refunds are available if you are not 100% satisfied.

        Comment

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