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Recruiting New Staff Shouldn’t Be An Own Goal

English football fans no doubt felt a degree of relief this week (tinged perhaps with a little surprise!) that Roy Hodgson has been given the top job in English football and the sense of uncertainty following Fabio Capello's departure will now lift.  The situation reminds us that recruiting staff is not always entirely straightforward.  For example, the "people's choice" Harry Redknapp wasn't offered the job and this may well have had something to do with the fact that he was still under contract to his current club and would have cost the FA a seven figure sum to have released.  The slightly less flamboyant and tax efficient but hopefully no less capable Mr Hodgson had no such restriction.

Similarly, recruitment of any senior executive needs care and attention, not only to get the right man or woman for the job in the first place by drawing up a proper person specification and thought-through job description, but also to ensure that as a business, you are not opening a can of worms in the form of restrictive covenants.  Reviewing a candidate's current contractual obligations needs to be done at an early stage to ensure that if successful, the new recruit hits the ground running rather than having to languish on the bench for several months to allow post termination restrictions to expire.  Taking up references can also be very important and how you frame an offer of employment is also critical if risk is going to be kept to a minimum. 

If, on closer inspection a particular candidate looks too problematic, you need to be in a position to withdraw gracefully, while retaining goodwill and before the point when someone may have handed in their notice, thereby severely limiting their own options.  Bringing in someone new at any level in your team should be a positive move, to fill a gap and help drive the business forward.  The last thing you need is for the process to become a problem in itself and a distraction from your main goal.

For help on recruitment issues, employment contracts and restrictive covenants please contact a member of our employment team on 0131 525 8538.