Walking the Fine Head-Hunting Line

You might be surprised to find a number of online discussions (and debates) surrounding the ethics of head-hunting target candidates for positions that you are recruiting for. Before we get delve into the detail of ethical head-hunting, let's better understand what exactly the term ‘head-hunting' means within the recruitment space.

Head-hunting (or otherwise known as ‘poaching') is a term used to describe a form of direct candidate search whereby the head-hunter approaches a target candidate, who is already employed, and asks them if they would be interested in considering an alternative position with another company. Do not be confused, it is not head-hunting when you have searched a CV database and have found a candidate who has previously placed their information onto the database for the purpose of finding alternative employment. Head-hunting is when, after receiving an assignment from a Client to find a candidate who has a rare skill, a recruiter conducts investigative research into similar companies where they might be able to find a candidate with a similar, suitable profile to that of the job spec provided by the client. The recruiter then contacts the candidate ‘out-of-the-blue' and presents the opportunity to the candidate.

As the war for talent continues, and companies become more protective over their human capital, head-hunting becomes more challenging. Head-hunters need to be creative in their approach to reach out to potential prospects. There is however a fine line between ethical and non-ethical head-hunting and recruiters need to ensure that they don't tread on unethical or deceitful means to achieve their goals.

When is head-hunting considered unethical?

• There is much legislation surrounding the protection of personal data. When you have obtained personal data (such as address, contact details, email addresses etc) of target candidates in an unethical, involuntary or illegal manner then you are opening yourself up for a potential law suit in addition to acting in an unethical manner.
• When using false identities to gain information about company structures, salaries or client or candidate information.
• By misrepresenting yourself as a competitor or company within a particular industry at events (such as a conference) in the interest of collecting information on delegates that could be used to build up a database of potential candidates. There is nothing wrong with networking at such events, but introduce yourself as your true person.
• By illegally obtaining information that is proprietary to a company (such as an employed database) in order to gain access to information of target candidates working within the affected organisation.
• By submitting fictitious or deceptive job descriptions to candidates.
• When advertising deceptive job advertisements in the interest of attracting junior staff, and then probing them for information about their managers or other colleagues in the interest of actually poaching the his/her colleagues for the position.
• When blatantly lying about your intentions in order to get past the gatekeeper and then subsequently probing employees within the company until you find your target. Rather suggest that your call is of a personal nature as opposed to lying through your teeth about the call.
• When you have an undertaking with a particular company that explicitly states that you will not attempt to solicit their staff, yet despite this undertaking you proceed to poach their staff. Not only is this unethical, the affected company may in fact take legal action against you.
• If you enter a store and ‘purchase' merchandise from salespeople, and then look to see who can effectively up-sell more products to you (for the purpose of identifying the better sales people to poach), but later return the merchandise bought, then you are bordering ‘fraud' let alone unethical behaviour.
• When insisting that candidates (or interviewees) provide names of other top talent within their current organisation before processing their application or providing the offer. There is no harm in asking for help or suggestions, but when bribing or coercing a candidate at the risk of their own career being jeopardised, then that is blatantly unethical.
• When approaching a candidate that you have previously placed in a position with the Client, unless the candidates has initiated interest in the position.
• When approaching an employee of an existing Client unless previously agreed to with that Client.

Laws vs. Ethics Governing the Act of Head-hunting in South Africa
There is no legislation surrounding the laws of head-hunting in South Africa, however most Recruiters within the profession abide by the Association of Personnel Service Organisation of South Africa Code of Ethics (APSO). APSO is an organisation committed to the upliftment and professionalisation of the recruitment industry in South Africa. This Code for Ethical and Professional Practice protects members and candidates by setting out standards by which members will achieve the highest principles or ethics, equity, integrity, professional conduct and fair practice in all their professional dealings and to conduct their business in a manager that will enhance the image and reputation of the recruitment industry.

In respect to ‘head-hunting' (or approaching candidates for employment) the APSO Code of Ethics states that its members shall:

• not approach candidates currently in a position placed by them with an offer of alternative employment, unless the candidate initiates re-activation of his/her application;
• not approach an employee of a bona fide client unless previously agreed with that client;
• respect the privacy and dignity of the candidate at all times;
• ensure that candidates information is treated as confidential, used exclusively for the purpose of recruitment and selection and not divulged in any way that may jeopardize the candidate's current employment;
• observe the principle that employment is freely chose;
• approach potential candidates in a manner that will ensure confidentiality, and shall at all times respect the candidate (or Clients) wishes regarding confidentiality which should be recorded in writing.

So while head-hunting is legal within the industry, it boils down to a recruiter's actions, intentions and practices. If a head-hunter conducts his actions in a truthful manner, then ethics will naturally follow.

Author: Gillian Meier, CEO of Jobs.co.za