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)

  1. 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)