I’ve been given some work through an agency, I was led to believe that it could become a permanent position, I was told by the employer that they would probably advertise the position and I could apply for it if I wanted to.

Now, it’s been suggested, by the employer, that if I apply for the position it’s unlikely that I will even be shortlisted as I’m currently working for them through the agency and they basically ‘just don’t do that’, I’ve not had anything official on this yet but just wondering where I stand on this as this seems like some sort of discrimination?

I’m qualified for the job, have lots of experience, and even though I’ve only been there 4 days the department I work for say they want me for the job, the head of department was also shocked and surprised at the position taken by the senior management, I’m assuming it’s got something to do with the company not wanting to pay the agency some fees. Can they do this??

It could be due to a contract in place, where it’s cheaper to get someone new in rather than pay the fees.

I guess it’s just a job where anyone can get one.

I can quite believe it. An agency would take dim view of it and quite possibly your company wouldn’t want to upset them. Equally they may have a contract whereby if they employ you they have to pay the agency and introductory fee.
That’s common in the supply teaching world.
Anyway its their job and I can’ see what you could do or want to do. Do you want to force them to employ you? Of course you could prove yourself invaluable then just maybe?

Yes.

They can say that it’s open to internal, or by direct approach only which as you’ve been introduced by an agency, means you’d be ineligiable, and quite expensive (possibly 25% of first years salary). However, for the right person, in the right job, it’s not that high a price.

It’s certainly discrimination. It’s not unlawful discrimination.

Mmm, so I’ll probably be unemployed again in 6 weeks time, that sucks! The position of the employer wasn’t made clear to me 2 months ago, they said I could apply for the position if I wanted to, 2 days into the job I’m told otherwise, if I had known this I wouldn’t have started and just waited until they advertised the position and apply as normal, I don’t expect them to just give me the job but I expect to have a fair chance like anyone else. I’ve been out of work for over a year, well except for some supply work but nothing permanent, so this seemed a good opportunity.

I’ll speak to the head of department next week, maybe there’s some way around this?

Sorry but something doesn’t ring true about this. NEVER believe an offer of a job until it’s in writing. The junior manager had no right to be offering you anything, but “you can apply if you want” is hardly a firm promise of anything in anybody’s book, so ignore that.

Sounds like nobody knows what they are doing there – do you really want to work there ?

And the contract you have is with the agency, you should be taking this up with them, make them earn their cut.

If they really want you, they will find a way.

Looks like I’ve been an idiot again trusting what someone says, this is the second time this year, it’s sad that you can’t believe and trust what people say anymore.

I’ve spoken to the agency, they didn’t see it as a problem and are happy to negotiate but I get the impression the employer doesn’t want to spend any more than they have to, the department really want me but it’s the final decision of some manager that sits in an office and probably doesn’t have a clue about the job or what goes on in the department.

I’ll just have to wait and see and keep an eye out for something else just in case.

saddly if the company employ you they will have to pay the agency a fee and offer a rather large one.

We never ever hired agency staff without a 1 month cooling off period and always to another role than the one they were doing,

Aye it sucks buts that recruitment agencies for you