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Legal opinion for a claim

(2 Posts)
2plus1 Sat 27-Oct-12 11:57:54

I am after some friendly advice over a potential claim I am making. We took on a service from an agency advertising to provide us with a high standard employee. However, the one that we employed was well below expected standard and didn't fulfill contractual duties. Additionally they did not do a thorough check on this candidates suitability which actually cost us financially. The aftercare employment legal service was advertised as being backed by an acredited body but we never got the assistance when we requested it and later we found they didn't have accreditation through most of our contract with them. Our claim is based on a poor service, not providing what was advertised both in candidate and aftercare.

They suggest we have nothing to claim, we feel we do ie financial loss and cost of the service not provided. Would love some legal perspective please.

Thistledew Sat 27-Oct-12 12:04:13

I doubt that you could claim against them for the employee not being up to scratch, as ultimately it was your decision to hire them. They only presented you with what they felt was a suitable candidate.

The only basis may be if they specifically said that certain checks had been done and passed, where in fact they had not, in which case you may have a claim for fraudulent misrepresentation.

If they offered a legal service as part of their contractual agreement with them which in fact they did not provide, then you may be able to claim from them the cost of obtaining that service elsewhere.

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