The 3 Biggest Risks
1) Terms not agreed
Usually because the recruiter didn’t send terms, or can’t prove they did.
2) “You didn’t cause the hire”
Multiple routes to the same candidate = messy attribution.
3) Restraints myths
Owners under-estimate enforceability until it bites them (or a new hire).
The Preventative System (Do This Now)
-
A) Take Terms Out of Human Hands
- Add a terms disclaimer inside branded CVs
- Include a hyperlink to terms (or “available on request”)
- Ensure candidate introduction cannot happen without this being attached
B) Build Evidence by Default
log: intro date/time, emails, interview scheduling, offer comms
confirm key steps in writing (even short emails)
centralise comms where possible
C) Strengthen Your Terms (Stop Coin-Toss Arguments)
ensure your terms address “effective cause” risks properly
remove ambiguity around when a fee is due and how an introduction is defined
D) Treat Legal Like Finance
ongoing relationship > emergency calls only
training + process fixes reduce disputes over time
Owner Non-Negotiables
- “I knew them” is not a reason to skip terms.
- “Send candidate first” is not a strategy — it’s exposure.
- A deal isn’t a deal until cash lands (“fold it” rule).
- Restraints can be enforced. Hire and exit accordingly.
The Result You Want
A business where:
- intros automatically carry terms,
- evidence is built without effort,
- disputes are rarer (and easier to win),
- and your agency is more valuable on exit.
What’s Relevant (Pick One Depending on Your Goal)
If you’re losing fees or chasing invoices:
- CV disclaimer + automated terms trigger
- basic evidence process (intro → interview → offer log)
If you’re scaling headcount:
- training: “how we introduce candidates here”
- centralised templates and guardrails
If you’re planning an exit / investment:
- clean disputes record
- documented controls + compliant terms
- strong restraint processes (both sides: hiring + leavers)