What happens if someone applies to you through gumtree and an agency?

[PollyParanoia]

hello, we're looking for a nanny and slightly against my better judgement I signed up to an agency (their commission is so big!) I told the woman who runs it that I would also be putting an ad on gumtree as well as the site where I happened to see that she'd put an ad for the job too. I said to her that obviously if someone applied to me directly I'd be employing them directly.
I received a CV through my gumtree ad and a day later I received the same one through the agency. I don't have to pay the fees if I ended up employing her do I? So long as I contacted her directly through the email that she's sent to me.
It's a four figure sum at stake here...

No, dont think so as you found her by yourself. So why pay for the agency?

I agree BlueGreen, but the terms of business are a bit ambivalent about introductions direct and indirect. I have to say I'd be horrified if they tried to get me to stump up money when I put the ad on gumtree with my own money and email address etc. I feel for these agencies in a way, but on the other hand they use gumtree ads themselves.

This has happened to me with work and I have always said to families if you contacted me before the agency sent you my details then you have found me by yourself.

Agencies shouldnt be sending nanny info our without checking with the nanny first and therefore the nanny generally should know who they have already sent their CV to!!

In my case I had an agency who seemed to send out bulk loads of CV's to families without contacting nannies first!!

The contract you have with the agency may cover this kind of situation, so do check the contract carefully.

How much effort has the agency put in?

I would hope that they have:

1. Contacted the nanny concerned to tell them about your position and see if the nanny is interested in applying.
2. Contacted you and tell you about the nanny, how they meet your requirements and what their referees have said about them.
3. Having established that the nanny is interested and having pre-sold the nanny to you, that they then sent the paperwork detail.

Agencies are there in my view to match parents with nannies. If all they are doing is sending out a load of CV's then I don't feel that is matching employers with applicants.

Nah, seem to just send the CVs. And she was already on my shortlist whittled down from gumtree. Have re-read the terms of business and I think we're fine because it says something about "introducing" the nanny and they didn't because I already had the CV.

I have had a similar situation, when I applied for the position on the gumtree I thought it sounded similar to the one that the agency had suggested putting me forward for... But there were a lot of similar sounding jobs in my area. The parents got my email and then the email from the agency. The parents mentioned it to them, but also said from their experience of working in recruitment themselves, they wouldn't have to pay the agency fee. I don't know how accurate this is, as I don't know what the terms of your contract say, but it sounds reasonable to me. I didn't get the job, so I can't say for sure!

I would also say that you wouldn't need to pay the fee. You can just send back the CV and say that when reviewing it you realise the nanny has come forward from another source (Gumtree, agency, who's to say).

you need to tell the agency asap that you already have details of this nanny and through another source so you dont need her details

When I worked briefly in HR we used to get this all the time, but when competing agencies sent us the same girl's CV. I wouldn't be surprised if the agency tried it on with you, and I guess you should check the small print on your contract with them.

I was very upfront about it to the agency and they were fine if a bit aggravated. It happens all the time, I'm sure and they can't be surprised when someone would rather save the huge commission. I did check the terms of business and got a lawyer friend too as well and I think they'd be hard pressed to argue any differently, esp since I've got dated emails etc.
Thanks for all your advice.
Spoke to the nanny today. She sounds lovely...

Glad you have sorted it and good luck with your nanny recruitment