Executive Search Firms
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Executive search is retained recruitment for roles where the right candidate is not applying for anything. The firm maps a market, approaches people who are not looking, assesses them against a specification written with the board, and manages a confidential process to appointment. The fee is paid in stages regardless of outcome, which is what buys the dedicated time.
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Legally, a search firm introducing candidates for permanent appointment is an employment agency in the same sense as any other recruiter. GOV.UK defines an employment agency as a business providing services for the purpose of finding workers employment with employers, or supplying employers with workers who will be employed by them. The Conduct of Employment Agencies and Employment Businesses Regulations 2003 apply, and the prohibition on charging a work-seeker to find them work applies to a chief executive search exactly as it does to a warehouse vacancy.
What distinguishes search from the rest of recruitment in Britain is what happens around the appointment: confidentiality while an incumbent is still in post, the handling of personal data on people who never applied, reference and background work at board level, and the Companies House and directors' duties consequences once the appointment is made.
Board search, executive search and interim executive supply
- Board and non-executive search, usually run by or with the chair and with a formal nominations process.
- Executive search for chief executive, finance, operations and commercial leadership roles.
- Functional senior search below board level, where the market is still small enough to map.
- Interim executive supply, which is a different legal animal because the interim may be supplied rather than introduced.
- Succession mapping, where no vacancy exists yet and the deliverable is a live market map.
- Leadership assessment of internal candidates alongside an external search, so the comparison is genuine.
How a retained search actually runs, stage by stage
Stage one is specification: a written role brief agreed with the appointing body covering the remit, the first-year priorities, the reporting line, the reward package and the criteria on which candidates will be compared. Searches fail more often from a vague specification than from a thin market.
Stage two is the market map and long list: named organisations, named people, and a documented rationale for inclusion and exclusion. You should receive the map, not just the names the firm chose to approach.
Stage three is approach, assessment and short list, with written assessment against the agreed criteria. Stage four is interview support, referencing and offer negotiation. Ask at the outset how many candidates you will meet and what happens if none is appointable.
Search firms are employment agencies too
The Conduct of Employment Agencies and Employment Businesses Regulations 2003 do not exempt senior recruitment. GOV.UK guidance sets out duties around agreeing terms and dealing fairly with work-seekers, and GOV.UK states plainly that agencies cannot charge workers for job-finding services outside the narrow entertainment and modelling exception.
GOV.UK also states the Fair Work Agency is the state regulator for employment businesses and agencies in England, Scotland and Wales, in operation since 7 April 2026, and publishes a complaints route and a list of people banned from running an employment agency or business.
A candidate approached for a chief executive role should therefore never be asked to pay the search firm for career coaching as a route into a process, or for inclusion on a candidate list. That is the same prohibition that protects a temporary worker.
Retainer stages and what the fee is calculated on
- Retained fees are usually paid in three stages: on engagement, on delivery of the short list, and on appointment.
- Agree precisely what the fee percentage applies to: base salary only, or base plus bonus, pension and other package elements.
- Ask what happens if the search is cancelled after stage one, and whether the paid retainer is credited to a re-run.
- Establish whether a replacement search is free within a defined period if the appointee leaves early, and on what terms.
- Clarify expenses: candidate travel, assessment instruments and any third-party background screening.
- Check off-limits scope and duration, because a firm that has just placed into your competitor may be restricted from approaching them.
Off-limits agreements, referencing and candidate data
Off-limits is the undertaking not to approach people the firm has previously placed, or people in a client organisation, for a defined period. It is contractual rather than statutory, it varies widely, and it directly limits which candidates you will ever be shown. Ask for the firm's current off-limits list in your sector before you engage.
Search generates personal data about people who never applied for anything. ICO guidance on recruitment and selection covers the recruitment process from advertising vacancies through to deleting information about candidates, and states that you must not keep information for longer than you need it and should set clear retention periods.
ICO guidance also says that where you want to retain candidate information for another purpose, you must have previously informed candidates of that purpose. A market map that quietly becomes a permanent database is exactly the case that guidance is aimed at, so agree retention and deletion with the firm in writing.
Appointing a director: filings and duties that follow
An executive appointment that comes with a board seat is a Companies House event. The appointment must be filed, and the company's confirmation statement must reflect the position: GOV.UK states it confirms the registered office, directors, secretary, records address, shareholder details, SIC code and people with significant control, and that a company must file at least one every 12 months.
The appointee takes on the general duties in the Companies Act 2006: to act within powers, to promote the success of the company, to exercise independent judgement, to exercise reasonable care, skill and diligence, to avoid conflicts of interest, not to accept benefits from third parties, and to declare an interest in a proposed transaction or arrangement.
Search firms should raise conflicts early. A candidate holding a directorship in a competing business, or an interest in a supplier, is a declarable matter, and it is better found at reference stage than at the first board meeting.
Why senior searches fail
- The specification was written by the outgoing incumbent, so it describes the last job rather than the next one.
- The appointing panel never agreed what it was optimising for, and rejects each candidate for a different reason.
- Confidentiality leaks, the incumbent finds out, and the process has to stop mid-way.
- The package was benchmarked against the wrong market and the strongest candidates withdraw at offer stage.
- Internal candidates are included for appearances rather than assessed properly, which damages them either way.
- Referencing is done after the offer is made, which turns a finding into an awkward problem rather than a decision input.
- Nobody plans the first ninety days, so a good appointment fails for reasons that have nothing to do with the search.
Executive Search Firms: frequently asked questions
Do the Conduct Regulations apply to executive search?
Yes. A firm introducing candidates for permanent appointment falls within the GOV.UK definition of an employment agency: a business providing services for the purpose of finding workers employment with employers. The Conduct of Employment Agencies and Employment Businesses Regulations 2003 apply, including the prohibition on charging work-seekers for finding them work.
How is executive search different from retained recruitment?
Mostly in the market approach. Retained recruitment still largely works from candidates who can be attracted to a process. Search maps an entire market, including people with no intention of moving, and the deliverable includes the map and the assessment rationale, not just a short list. The fee structure reflects the research effort rather than the outcome.
What is an off-limits agreement and should I worry about it?
It is the firm's contractual undertaking not to approach candidates at certain organisations, usually current clients and recent placements, for a defined period. It is worth worrying about because it determines who you will never be shown. Ask for the restrictions that would apply to your search before you sign, not afterwards.
What happens to the data on candidates who were never approached?
It is still personal data. ICO guidance on recruitment and selection states you must not keep information for longer than you need it, that you should set clear retention periods, and that retaining candidate information for another purpose requires having previously informed candidates of that purpose. Agree retention and deletion terms with the search firm in writing.
When should references and background checks be done?
Before the offer, with the candidate's knowledge and consent, and against the specific criteria the role turns on. References taken after an offer has been accepted are rarely acted on, which makes them a formality rather than a decision input. For board appointments, add a directorships and disqualifications check on the public register.
What filings follow a board-level appointment?
The appointment must be notified to Companies House, and the confirmation statement must reflect the current position. GOV.UK states the confirmation statement confirms the registered office, directors, secretary, records address, shareholder information, SIC code and people with significant control, and must be filed at least once every 12 months. The new director also takes on the general duties in the Companies Act 2006.
Sources
Written by the LokalMatch editorial team. Last reviewed 22 September 2026. How we write and check our guides
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What affects the fees executive search firms charge
Fees depend on the work involved and how the professional bills. We only publish fee ranges when they’re backed by real LokalMatch data or reliable sources. Until then, here’s what usually changes the fee:
- Scope and complexity of the work
- How the firm bills: hourly, per project or on a monthly retainer
- Experience of the team
- Timeline and how urgent the work is
- Ongoing support after the work is delivered
How to compare executive search firms before you hire
- Ask for examples of similar work for clients like you.
- Read reviews and ask for references you can contact.
- Make sure the scope, deliverables and timeline are written down before work starts.
- Ask who will do the work: an in-house team, freelancers or subcontractors.
- Compare two or three proposals before you decide.
Questions to ask executive search firms before you hire
- Have you done work like this before, and can I see examples?
- Who will work on this, and who is my main contact?
- How do you charge: hourly, per project or monthly?
- What is included, and what costs extra?
- How long is the contract, and how can either side end it?
- How will you report on progress?
- Who owns the work, files and accounts you set up for me?
Licences and registration
This kind of work is often limited to licensed or registered professionals, and the rules depend on where you are. Ask which body they’re registered with, and check their status on that body’s public register before you hire.
Guides about executive search
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Payroll Services guide
UK payroll is a reporting obligation as much as a payment one. Under Real Time Information an employer reports pay and deductions to HMRC in a Full Payment Submission on or before each payday, not at the end of the…
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Staffing Agencies guide
A staffing agency that supplies temporary workers is, in UK law, usually an employment business rather than an employment agency.
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