Terms of BusinessRecruitment

Terms of Business Template for Recruitment Businesses (UK 2025)

Last updated: February 2025

Why Recruitment Businesses Need a Terms of Business

Recruitment terms of business define the standard conditions on which the agency introduces candidates to clients, forming the contractual basis for fee claims. These are the most commercially critical document for any recruitment agency because they establish when a fee is owed, how it is calculated, and the conditions for rebates and refunds. The terms must be sent to clients before or at the time of any candidate introduction to be enforceable, and must clearly define what constitutes an introduction.

Key Clauses for Recruitment

  • Introduction definition covering all methods of candidate presentation
  • Fee calculation, invoicing triggers, and payment terms
  • Rebate scale and refund conditions for early leavers
  • Extended introduction period and anti-circumvention provisions

Common Mistakes

  • Not sending terms of business to clients before the first candidate introduction, potentially making the terms unenforceable
  • Defining introduction too narrowly, allowing clients to circumvent fees by hiring candidates through alternative channels

Template Sections

  • Introduction definition and validity period
  • Fee schedule and rebate provisions
  • Anti-circumvention and extended hiring provisions

FAQ

When must recruitment terms of business be sent to be enforceable?

Terms must be sent before or at the same time as the first candidate introduction to the client. If you introduce a candidate before the client has received your terms, the terms may not form part of the contract and your fee claim could be unenforceable. Best practice is to obtain written acknowledgement of terms before any candidate activity begins.

What is an anti-circumvention clause in recruitment terms?

An anti-circumvention clause prevents clients from avoiding agency fees by hiring an introduced candidate through another channel such as a different agency, direct application, or a connected company. The clause typically states that if the client hires any introduced candidate within 6-12 months, regardless of the hiring channel, the full agency fee is payable.

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This is guidance for UK businesses, not legal advice. Templates are illustrative. Consult a solicitor for complex matters.

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