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Are banks' off-limits agreements killing diversified headhunting firms?

If you're a bank, it's totally understandable that you wouldn't want a headhunter who's hiring staff for you to be simultaneously poaching staff from you.

To avoid this outcome, banks impose 'off-limits' agreements on the headhunters they work with. In the past, these have been business focused: if you're a headhunter hiring for a bank in fixed income, you can't poach from it fixed income, but you can poach from it in equities.

However, now that HR departments are flexing their muscles in the hiring process, off-limits are becoming more strenuous. And this is causing a few problems.

"Some houses are now demanding that if you're hiring for them in equities in one market, you sign a global hands-off and can't poach anyone from any business in any market," says Simon Hughes at Highview Search.

This is the extreme end of the spectrum.

More moderately, headhunters say regional off-limits agreements are now prevalent. A headhunting firm who's hiring for a bank in EMEA equities can't poach anyone from any business in that bank in EMEA, but can poach from it in Asia...

Death of the diversified boutique?

The steroidal expansion of off-limits agreements is a particular nightmare if you're a boutique search firm with consultants working across equities, fixed income and investment banking.

In the past, it might have been possible to have relationships with different banks in all of these business areas, thereby ensuring individual consultants were able to work with the banks currently doing the hiring in their area of focus.

Now it's only possible for headhunting firms to have relationships with two or three banks. And these relationships are often determined by the biggest billing consultants.

Some diversified boutiques are fragmenting as a result.

Whither Principal Search?

The best example of this fragmentation is Principal Search, a leading London headhunting boutique, which has this year spun out two new sector-focused progeny: Riverhouse Partners (capital markets and investment banking) and Engage Search (FX).

The remainder of the Principal Search Business is particularly orientated around commodities (but is hiring new consultants to replace those who've left).

"Frankly, off-limits agreements p*ss people off," says one disgruntled consultant from another broad-based headhunting firm. "If you're being paid based on the business you bring in personally and are being told not to work with someone because of a relationship another consultant holds, you're not going to make any money."

There are three ways around this. 1) Don't have diversified search boutiques. 2) Pay consultants based on the profitability of the firm overall. 3) Get rid of all your experienced consultants and hire new juniors who only have relationships with your key clients.

None are particularly palatable.

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AUTHORSarah Butcher Global Editor
  • le
    legaleagle
    10 December 2010

    are off limits legal sarah? does this not restrict free movement?

  • Ve
    Veritas
    10 December 2010

    It is true that HR departments are making life even more difficult for Headhunters. But from 17 years of experience in this market I know that Headhunters have long memories and when the market retruns to favourable conditions they will exact their revenge - and it is immensely satisfying!

  • Pe
    Peter
    10 December 2010

    "Diversified headhunters" - what a joke. Headhunters have no brains to realize the importance of diversification .....

  • Bi
    Biller
    10 December 2010

    I didnt realise anyone actually followed these agreements, pretty sure it widely accepted that you are going to poach from places you also recruit for. Poaching from your hiring manager's team however is unethical and immoral but the same bank, common lets be real

  • Re
    Rec
    9 December 2010

    I have hands off agreements with the majority of my clients, I also headhunt actively from the majority of my clients. No issue if you are smart in your approach and leave no paper trail.

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