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It looks like the agency lied, so what do I do now?

9 replies

CajaDeLaMemoria · 19/08/2013 11:00

Last week, I started a new job. I got it through a recruitment agency. I love the job, and it's been going well.

I didn't negotiate on salary when I was offered the job, or holiday. Instead, I asked that it be confirmed that I could work from home occasionally, and they flexible hours were fine. The agency came back and said this was fine. I accepted, and started.

Today I've found out that actually none of this was discussed. I'm a bit lost as to what to do. I'm covering the right hours but not taking allocated breaks at the moment. I'm fine with that, but it may be an issue. Home working was big for me, because I'm disabled and need the extra days without a huge commute.

I didn't declare my disability on the medical sheet because it shouldn't effect my work, and wouldn't have if my hours were as agreed. I'm very worried about mentioning them during probation.

Do I arrange a meeting with HR and let on in confidence my issues? Speak to my manager again? I'm so upset today. I can't believe this has happened. I can't afford to lose my job but I would have accepted the other job had my negotiations been denied, as it'll really affect my health.

Any advice would be really appreciated.

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Onesleeptillwembley · 19/08/2013 11:27

So your disability is an issue which could affect your job. That said you need to speak to your employer immediately Tell them about the agency lying. They've pissed them about too, in this case. Hopefully they may make allowances, but be prepared for them not to be abke yo, or unwilling to. It's a shitty thing to do to someone. Good luck.

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MrsMargoLeadbetter · 19/08/2013 11:52

Sorry to hear this.

Do you have anything in writing from the agency? At least you could show your work that.

Did you ask about Wed (saw your other thread) and work said no about working from home?

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CajaDeLaMemoria · 19/08/2013 13:06

No I haven't asked about Weds. I don't really think I can, now.

I'm not sure if I have anything in writing. They needed someone to start quickly, so a lot of negotiations took place on the phone.

I don't know whether to bring it up now or leave it. It's really changed how I feel about the job.I was loving the work and the people, but not so much now.

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ajandjjmum · 19/08/2013 13:10

But it's not the fault of the work or the people. I think you need to approach the agency, and ask who they checked it out with before they gave you the reassurance.

If you were loving the job and the people, I'm sure that would have come across to them, and they might be more understanding than at application stage.

Having said that, if I was the company, I'd be well pissed off with the agency (who no doubt will be receiving a generous fee!), for not being open and efficient.

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YoniMitchell · 19/08/2013 13:18

I think you need to speak to the agency in the first instance, as you discussed terms with them. Are they aware of your disability? If so, then they've been particularly shit if they've not picked this up with your employer in terms of the flexibility you requested.

If they don't know, and you failed to mention it on the medical form, could you be in breach of contract if it's going to impact on your work (as it sounds like it will if your health will be so adversely affected by commuting)?

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flowery · 19/08/2013 14:23

I think you need to calm down. Of course you can still ask about Wednesday, why on earth not?

And just because the agency didn't mention homeworking and flexibility, doesn't mean it's not going to be possible.

You need a proper conversation with your manager about what you were told and find out what their expectations are and what will or might be possible, before panicking, before writing off the job and before getting yourself in a state.

It might be no issue.

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Leopoldina · 19/08/2013 14:26

They've offered you the job, you've started and to let you go now because of a disability is of course illegal discrimination. Your failure to disclose it however makes things more complicated - what was the request and what did you say?
have a look at this: www.nidirect.gov.uk/declaring-a-disability

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CajaDeLaMemoria · 19/08/2013 16:39

It was just a form asking about medical conditions that would affect my work. Whether they could give me any adjustments. I thought the hours were agreed so I didn't say anything, I didn't think they needed to know and I didn't want to damage my chances of getting the job. I know it shouldn't make a difference to employers, but I worried that it would.

I've called the agency but the lady who dealt with negotiations isn't taking calls. I've emailed her, too.

I guess it just changes the jobs for me. I sound stressed because I am! I love the work and the people are fantastic. We've both been badly misled if this was never mentioned though.

II'm trying to catch my manager but she's working from home a lot so she might have gone already. The HR lady is around but I don't want to rock the boat...

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flowery · 19/08/2013 17:12

You don't know if it changes the job or not yet!

The agency don't make the decisions, so I can't see a lot of point wasting time and energy chasing them tbh.

You need to speak to your manager. Not the agency, not HR, your manager. Explain your condition, explain your negotiations with the agency, express your keenness for the job and ask whether there will be any problem accommodating your needs. Reiterate that you have a proper office all set up etc

If your manager isn't helpful, talk to HR, mention the negotiations with the agency, mention your disability and mention that you consider these working arrangements to be a "reasonable adjustment". Employers have to make reasonable adjustments to accommodate disabled employees so hopefully this should do the trick if a proper conversation with your manager doesn't reassure you.

If you end up having to leave the job, by all means complain to the agency, and I'm sure the employer will as well. But as they have no influence on decisions, there's not much point hassling them at this point, as it won't achieve anything. Your relationship is now with the employer, not the agency.

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