You might think that appointing a well-connected executive search firm gives you access to the very best candidates in the market. But what if some of those candidates are off-limits before your search has even begun?

It's something worth checking before you appoint a search firm, particularly if you're recruiting for a senior position where the pool of suitable candidates is already limited.

An 'off-limits' policy is the stipulation that a search firm will not approach employees of a company it has worked with for a set period after the last search.

Amongst executive search firms, these policies vary. Some stick rigidly to a two-year timeframe, others limit this to a year, and some negotiate different arrangements depending on the client.

Much like a lawyer or an accountant, retained search firms build close working relationships with their clients. They commit countless hours to researching the market, approaching, interviewing and assessing the very best talent on their behalf.

So it seems completely illogical that a search firm would risk that relationship by poaching from the hand that feeds them.

And yet it happens!

We previously met with a contact from a major rail business who was looking to talk to new search firms because their incumbent supplier had unceremoniously pinched their Finance Director and placed them into a direct competitor.

Not surprisingly, the firm in question had burnt all future bridges with this client.

So, what do you need to know about a search firm's off-limits policy before working with them?

1. What is their policy?

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Seems like an obvious point, but you would be surprised how little we are actually asked to clarify this when we start working with a client.

Companies share a lot of highly sensitive information with head-hunters and shouldn't have to worry about this information being used against them.

You need to be confident that you can trust your search consultants with information regarding organisational structures, salaries, sensitive contract or project details, strategic plans and an understanding of who the key people are within your business.

If a consultant is upfront about their policy from the outset and happy to have a straightforward conversation about it, that's a good indication of the kind of business relationship you can expect.

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2. Who is off-limits to them?

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This is a crucial question to really drill down on.

When engaging a retained search firm, it's easy to assume that the larger the firm, the greater its reach in terms of uncovering talent.

In reality, however, large firms working for hundreds of different organisations may have a considerable number of candidates who are consequently off-limits to you.

If you're recruiting a senior leader in a specialist market, this could rule out people working for some of the very companies you'd want your search partner to approach.

Smaller, boutique firms may actually be able to provide you with a far wider choice of candidates, so make sure you clarify who search firms can and can't approach before signing the retainer.

3. When do search firms view it as acceptable to recruit from a client?

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An off-limits policy is an agreement not to actively solicit employees from a client, not a promise that a search firm will never recruit from that organisation again.

In our opinion, there are only two instances when it may be acceptable to engage with an employee of a company we have worked with: when the off-limits period has expired, or if an employee of a client directly approaches us saying that they are actively looking for a new role.

The first is pretty straightforward. We won't include anyone from a client organisation on our longlists while the relevant off-limits restrictions are in place.

The second, if an employee of a client approaches us directly, is still an incredibly sensitive position to be in, and we would carefully assess the situation on a case-by-case basis.

We have had candidates come to us for help finding a new role while we were actively working with their employer and have unfortunately had to turn them down because we didn't feel comfortable with it, given our close relationship and commitment to the client.

A question worth asking before your next appointment

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Executive search firms are there to make your life easier and find you the very best talent for your leadership teams.

The last thing you want is to discover halfway through a search that some of your preferred target companies are out of bounds. Equally, you don't want a firm you've trusted with sensitive information about your own business to start headhunting your employees.

By asking a few questions about a search firm's off-limits policy before starting any work, you can be confident that you're appointing a consultancy you can trust, and one that's actually able to approach the candidates you want to reach.

If you're planning a senior appointment and want to understand which parts of the market we could access on your behalf, drop us an email at enquiries@newsomconsulting.co.uk to see how we can help.