Recruitment Solicitor & Lawyers in London
Cubism Law is pleased to offer a specialist all round service to the recruitment sector. The team consists of Anya Bloom, and David Buckle who have a great deal of experience in assisting this sector. Between them they are able to provide comprehensive and seamless support, often acting effectively as in house advisors.
Anya is an expert in the corporate and commercial needs of recruitment businesses, such as appropriate structures, protecting commercial interests, contracts, leases and debt management, whilst David offers in-depth expertise in all aspects of compliance and applicable employment law. Their experience in the sector means that our recruitment industry lawyers are able very quickly to assess the needs of the individual business and provide solutions that are proportionate and effective.
They have experience in all sizes of recruitment businesses, from start ups to floated companies.
Corporate structure advice
Most recruitment business owners are looking towards their eventual exit strategy. To achieve this in the most efficient way, proper foundations need to be in place. This requires a significant amount of up front thinking and in particular will require some or all of the following:
- Shareholders Agreements
- Consideration of LLP Status
- Directors Service Agreements
Anya is able to talk to you about what it is your business needs, assist you with the commercial aspects of the documents and prepare documents that meet your requirements.
Protecting your commercial interests
As the business grows there are three main areas of concern:
1. Protecting your assets
The assets which are principally the people and the relationships must be protected. This is often through the enforcement of restrictive covenants against leavers who look to exploit candidate and client contacts that belong to the organization.
Anya has a great deal of experience in securing confidential information and prohibiting its use by leaving employees. This is a particularly current area given the difficulties presented by the enormous availability of information through social networking sites.
The protection of such information can be secured by way of emergency application to the Court called an injunction.
Damages may also be available if the use of such information can be proved to have created a financial loss.
2. Cashflow, debt and credit issues
Equally the business must be satisfied that it can recover all sums invoiced. A large credit problem can be devastating to balance sheets particularly in contractor focused businesses and if factoring or invoice discounting is being utilised.
There are two central legal features that maximise recovery:
- Proper terms of business with clients, candidates and contractors together with a workable policy to ensure that they are used on every occasion.
- Proper debt collection processes are critical as is the effective collection of any debt. This can be achieved through the use of proceedings, statutory demands and winding up petitions.
The correct choice of process and speed of execution are key factors in the successful recovery of money.
Anya has a wealth of experience in both areas enabling businesses to focus on delivering services to their clients in the knowledge that they have as much protection as possible against losing money over unpaid invoices.
3. Managing commercial contracts successfully
The business must ensure that all of its supplier contracts and accommodation needs are suitable for its business and are commercially sensible.
It is for the individual businesses to decide what commercial terms it considers appropriate. Where assistance from Anya at an early stage can often save significant expense is when long term contracts are being considered. Often for example a break clause can be negotiated, or other termination provisions agreed. Serviced office space is nearly always let on very aggressive terms and it is important to understand the terms on which it is offered.
Anya can also assist with the taking of a lease for occupation by the business and any landlord and tenant related problems that may arise.
Employment law issues for recruitment firms
1. Employment law
As an employment lawyer with over 13 years experience of contentious, non-contentious and transactional employment issues, David can provide assistance with all aspects of employment and agency relationships. This experience covers includes assisting with the hiring and firing of employees, bringing and defending claims in the Employment Tribunals, the protection of business interests from errant employees and the setting up and structuring of remuneration bonus and share schemes.
2. Recruitment and temporary worker legislation
As those in the recruitment sector will be aware, there are a number of regulatory and legal issues which affect may their business, for example, arising from:
- The Employment Agencies Act 1973 and the Conduct of Employment Agencies and Employment Businesses Regulations 2003
- The Agency Workers Regulations 2010
- The Equality Act 2010
- Data Protection
David writes for a number of websites regarding such issues and has a great deal of experience in drafting and amending terms of business and protecting clients to ensure they avoid the pitfalls of what is often seen as very complex legislation.