I'm hoping someone on here can assist me and advise my options with the following;
I applied for a role in which a recruitment agency posted on LinkedIn; I was contacted very quickly and had a telephone interview with their client the following day and a face to face interview a couple of days later.
The recruitment agency contact me a couple of days after my face to face interview to advise that their client wanted to offer me the role, in which I accepted formally via email.
The following day the recruitment agency emailed me to advise that they were still finalising the process of on-boarding their client and that once this process had been completed, I would receive contact from the contracts team, who would manage on-boarding me as a candidate.
Later the same day, I received the required login information to sign into the portals so that I could provide the relevant paperwork - VAT, incorporation & insurance certificates, NI & URT numbers, proof of address & identity etc. - and references to commence the on-boarding process; leading me to believe that their client had successfully been on-boarded.
The recruitment agency emailed me the following day to advised that their client was expecting financial approval, for the role I was offered, to be completed within the next two working days.
Approximately seven working days after receiving the offer, the recruitment agency contacted me to advise that their client had withdrawn the role. An email was read out to me in which the client thanked me for my time; this was when I realised the client was not aware that the recruitment agency had offered me the role. I therefore contacted the client directly and was advised by the gentlemen who interviewed me, that he categorically told the recruitment agency not to offer me the role, as funding approval had not been granted by their Chief Finance Officer.
Throughout the initial process the recruitment agency pushed for me to make myself available to start as early as possible therefore, on accepting the offer, I provided my current employer with two and a half weeks’ notice; meaning my last working day was today. I am now unnecessarily out of employment and suffering a loss of earnings, as my current contract was to continue until Thursday 31 October therefore, I have needlessly resigned 34 working days short of the contract end date.
Now surely if the client was not officially a client of the recruitment agency when I was interviewed and subsequently offered the role, then there actions can be deemed as misrepresentation and misconduct?
I have an email from the recruitment agency acknowledging my acceptance of the offer, in which I included my start date, day rate, contract duration and client name and have been advised by other contractors and APSCo that this can be taken as a contract.
I also have an email from the Director of the recruitment agency, offering me a ‘gesture of goodwill’, made without prejudice payment to the equivalent of five days at my current day rate (which is higher than the rate they were offering), in which I've been advised is an admission of liability.
I have reported the recruitment agency to APSCo; their governing body. I have also reported the incident to the Employment Agency Standards Inspectorate however, they have advised that as I am self employed with my own Limited company that they cannot assist further.
I've approached a couple of solicitors however, there seems to be some confusion as to whether this is an 'employment' or 'Litigation/Civil' dispute therefore, before I go down the route of paying hundreds for an initial consultation, I thought I'd reach out to other professionals (yourselves) to see if you have any constructive advise you can provide me.
Thank you!
I applied for a role in which a recruitment agency posted on LinkedIn; I was contacted very quickly and had a telephone interview with their client the following day and a face to face interview a couple of days later.
The recruitment agency contact me a couple of days after my face to face interview to advise that their client wanted to offer me the role, in which I accepted formally via email.
The following day the recruitment agency emailed me to advise that they were still finalising the process of on-boarding their client and that once this process had been completed, I would receive contact from the contracts team, who would manage on-boarding me as a candidate.
Later the same day, I received the required login information to sign into the portals so that I could provide the relevant paperwork - VAT, incorporation & insurance certificates, NI & URT numbers, proof of address & identity etc. - and references to commence the on-boarding process; leading me to believe that their client had successfully been on-boarded.
The recruitment agency emailed me the following day to advised that their client was expecting financial approval, for the role I was offered, to be completed within the next two working days.
Approximately seven working days after receiving the offer, the recruitment agency contacted me to advise that their client had withdrawn the role. An email was read out to me in which the client thanked me for my time; this was when I realised the client was not aware that the recruitment agency had offered me the role. I therefore contacted the client directly and was advised by the gentlemen who interviewed me, that he categorically told the recruitment agency not to offer me the role, as funding approval had not been granted by their Chief Finance Officer.
Throughout the initial process the recruitment agency pushed for me to make myself available to start as early as possible therefore, on accepting the offer, I provided my current employer with two and a half weeks’ notice; meaning my last working day was today. I am now unnecessarily out of employment and suffering a loss of earnings, as my current contract was to continue until Thursday 31 October therefore, I have needlessly resigned 34 working days short of the contract end date.
Now surely if the client was not officially a client of the recruitment agency when I was interviewed and subsequently offered the role, then there actions can be deemed as misrepresentation and misconduct?
I have an email from the recruitment agency acknowledging my acceptance of the offer, in which I included my start date, day rate, contract duration and client name and have been advised by other contractors and APSCo that this can be taken as a contract.
I also have an email from the Director of the recruitment agency, offering me a ‘gesture of goodwill’, made without prejudice payment to the equivalent of five days at my current day rate (which is higher than the rate they were offering), in which I've been advised is an admission of liability.
I have reported the recruitment agency to APSCo; their governing body. I have also reported the incident to the Employment Agency Standards Inspectorate however, they have advised that as I am self employed with my own Limited company that they cannot assist further.
I've approached a couple of solicitors however, there seems to be some confusion as to whether this is an 'employment' or 'Litigation/Civil' dispute therefore, before I go down the route of paying hundreds for an initial consultation, I thought I'd reach out to other professionals (yourselves) to see if you have any constructive advise you can provide me.
Thank you!
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