I’m currently in dispute with a recruitment agency who – unknown to management – agreed with a junior member of staff that they could recommend one of their clients for a post we were advertising. The client was appointed to the post and the agency now want a fee. I think we’re on fairly safe ground in resisting this since they don’t seem to have given us written terms and conditions nor got any agreement in writing from the member of staff. However this started me wondering what our position would be if the junior member of staff had signed something or emailed her agreement to the process. The sum involved is way beyond what she’s authorised to spend usually so there clearly would be a disciplinary issue there; but would we be liable for what she had agreed (with the agency in this case). If say it was a major capital item one would expect the supplier to satisfy themselves that the member of staff had the appropriate authority – eg one wouldn’t expect an ICT supplier to install a whole new system on the written order of a junior administrator and one could presumably refuse to pay costs involved – but is there a clear legal position on this?
Ross Williams