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Legal matters

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Original poster

Agency have sacked my lovely cleaner. Where do I stand on employing her directly?

20 replies

trixymalixy · 14/03/2015 20:58

I've had the same cleaning lady through the same agency for about 5 years now. I've used the agency for 8 years now.

We get on so well with my cleaner, she's become a bit of a friend, I've been round her house for a cuppa, birthday cards bought etc.

The agency have sacked her, but haven't actually told me, they've just been sending someone else to clean. They said she was ill, which I knew to be true as I'd spoken to her a few times on the phone about some tests she was having done. On Thursday DH was working from home and mentioned there was still a replacement, so I phoned her concerned about her and she said she had been sacked following an argument with the agency.

Ideally I'd like to terminate the contract with the agency and employ her directly, but the contract says I'm liable for agency fees if I do.

I'd happily continue paying the agency if they'd reemploy her, but I doubt that'd happen.

Can anyone advise whether I'd still be liable as they sacked her and I didn't approach her while she was still employed by them?

OP posts:

webjunkie · 14/03/2015 21:01

Hmm. Would they still be able to charge you the fees if she is no employed by them?

BoneyBackJefferson · 15/03/2015 12:32

From the agencies that I have dealt with in the past, (teaching, factory workers) if you employ someone that was originally employed through the agency you may have to pay them a "finders fee" (my wording).

ShanVanVocht · 15/03/2015 12:34

End your contract with the agency and then employ her directly. At that point neither of you will have any relationship with the agency and can do what you like.

honeysucklejasmine · 15/03/2015 12:38

Surely "finders fee" should apply here, as they fired her. You did not poach her from them.

It might be better if she was self employed, so you aren't eligible for any tax or NI on her behalf.

honeysucklejasmine · 15/03/2015 12:38

shouldn't apply

notquitegrownup2 · 15/03/2015 12:39

If you do end your contract and employ your friend, you may still be liable for a finders fee, if they find out. Check your contract.

How about ringing the agency and saying that unless you can have your original cleaner back, you will be terminating your contract and going elsewhere? The risks are that you might have to wait a few weeks without a cleaner to prove you are serious, or you might have to follow through and go elsewhere. The positive is that they might just reconsider and re-employ your cleaner - if she wants her job back. (Maybe check with her first!)

ShanVanVocht · 15/03/2015 13:03

She can't be liable for a finders fee as they did the very opposite of finding her, they in fact took her away from OP!
Plus if OP has already ended her contract with the agency, it doesn't matter what that contract says, since it is no longer in effect.

prh47bridge · 15/03/2015 14:58

She can't be liable for a finders fee

Yes she can. It depends on the terms of her contract with the agency.

it doesn't matter what that contract says, since it is no longer in effect

Rubbish. Many contracts have terms that continue in effect for some time after the contract is terminated. If the agency contract includes a clause allowing them to charge clients a fee if they employ ex-agency staff direct that would almost certainly continue after the contract ends. If the relevant clauses did not continue in effect beyond the end of the contract they would be worthless as agency employees and customers could conspire to get round the contract.

trixymalixy - No-one can give you accurate advice without seeing the terms of your contract with the agency.

SugarOnTop · 15/03/2015 17:24

how will they know you've hired her direct if neither of you tell them?

just cancel your contract with them-you don't have to explain why- and hire her.

this is your private home not a public building-YOU make the rules that concern your home.

ShanVanVocht · 15/03/2015 18:48

Its not rubbish. They can write any old shite they like in their contract, howver they have no way of enforcing any of it once neither OP or the cleaner have any professional relationship with them.
Not to mention how they would know anyway.

prh47bridge · 15/03/2015 19:25

It is indeed rubbish. The agency has a very effective way of enforcing it. It is called the County Court.

It is common for commercial contracts such as this to state that certain clauses continue in force after contract termination. If you break such a clause after the contract has terminated the other party is entitled to take you to court to seek damages. The courts are perfectly happy to enforce any continuing obligations after contract termination. The fact that there is no longer a professional relationship between the parties is irrelevant.

So, depending on the precise wording of the OP's contract with the agency, if she employs the cleaner without paying any fee the agency may be able to take her to court and make her pay.

Yes, it is possible the OP might get away with it if the agency don't find out. But they have 6 years to find out and take action to recover the agency fee plus interest and court fees.

improbablesaint · 15/03/2015 19:28

how is anyone going to even KNOW fgs?

Floggingmolly · 15/03/2015 19:30

Why did the agency sack her?

AKnickerfulOfMenace · 15/03/2015 21:39

Prh, I agree with what you say. But isn't the philosophy behind a non poaching clause also to do with the agency not losing a staff member, which doesn't apply here.

Anyway, OP, somewhere on your contract it should say for how long after termination various provisions apply.

Don't forget, your cleaner may also be restricted by her contract from taking your business.

ShanVanVocht · 15/03/2015 22:22

County court my ass. Not in the real world.

twirlypoo · 15/03/2015 23:26

I own a company that finds home helper staff for people (cleaners included in that) it's a geographical franchise and I know of other areas who have enforced this. Our contracts state 2 years worth of fees as a finders fee so it is worth pursuing financially. They sat outside the clients house to catch them by the way - so it does happen in the real world (though I'm not sure I could be bothered with the hassle myself!)

prh47bridge · 15/03/2015 23:46

County court my ass. Not in the real world.

Yes in the real world. Contracts are enforceable. The County Court will enforce them. Happens all the time.

BitchImMadonna · 16/03/2015 00:27

This reply has been deleted

Message withdrawn at poster's request.

twirlypoo · 16/03/2015 07:19

The people I know who did it sat outside the clients house at times they suspected the cleaner would be there. They already know the cleaners general availability because of their previous job commitments to themselves, and they have an idea as well as to when the client would like the clean carried out.

PeruvianFoodLover · 16/03/2015 09:38

The agency will lose money if you employ the cleaner yourself, OP, so it's quite likely there's a clause in your contract that compensates them if you directly employ someone who worked for them.

Perhaps a more significant consideration is why you used an agency in the first place and whether those reasons are still valid? Not least, the cleaner has been fired, and given her length of service, the agency would have to have valid reasons for doing so. Although you are happy with her, it is possible that there have been complains or issues with other clients - it is a risk, taking her on yourself with that employment history.

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