Non-solicitation clauses: hiring your agency's staff

Key takeaways

A non-solicitation clause stops you hiring the agency's staff directly for a set period, often six to twelve months after the contract ends, or makes you pay a fee if you do. It protects the agency's investment in its people. It is reasonable if it is time-limited, covers only staff who worked on your account and sets a clear fee.

• Stops or charges for hiring the agency's staff.
• Often lasts six to twelve months after the contract.
• Fair if limited to staff on your account.
• A clear fee is better than a ban.

What does a non-solicitation clause do?

A non-solicitation or no-hire clause is a contract term that prevents a client from recruiting the agency's employees, or requires a fee if it does. Agencies train staff on client accounts, and losing a trained person to a client is costly for them.

• Social media agency pricing in the UK
• Social media agency contract terms to check

What does hiring an agency's staff cost?

If the clause allows hiring with a fee, it is often set like a recruitment fee: a share of the person's first-year salary, or a fixed sum. Check the period, which staff are covered and whether it applies if the person applies to you unprompted.

• Period: often six to twelve months.
• Covered staff: ideally only those on your account.
• Fee: fixed or a share of salary.
• Unprompted applications: check the wording.

• Bringing social media in-house from an agency: the cost

Is a non-solicitation clause fair?

Generally yes, within limits. A clause that covers every employee of a large agency for years, with no fee option, is heavy-handed. A short period, limited to people who worked on your account, with a clear fee, is a fair balance.

When does it matter most?

When you plan to bring social media in-house and like the person running your account. Agree the terms before signing, so a later hire is a known cost rather than a dispute. The person's own employment contract may also have restrictions.

What does this look like in practice?

A pattern we see: a client wants to hire its account manager, and the clause is vague. Agreeing a clear fee in advance usually lets the move happen on good terms for everyone.

• See client work
• Social Media Marketing for UK businesses

Non-solicitation checklist

• Check the period after the contract ends.
• Limit it to staff on your account.
• Agree a clear fee rather than a ban.
• Check how unprompted applications are treated.
• Raise it before signing, not when hiring.

• Inflation clauses in social media agency contracts
• Should you pay social media agencies to pitch?

Next step

If you might bring social media in-house within two years, raise the no-hire clause before signing.