Commercial Agents
Working with self-employed agents can be a smart way to grow your sales network without the complexity of employment law. But when the Commercial Agents Regulations apply, they bring rights, responsibilities, and risks you need to manage from the start. We help businesses across the UK structure agency relationships that are clear, compliant, and commercially sound. Whether you’re drafting new agreements or managing termination risk, we’ll guide you through every step.
Do the Commercial Agents Regulations apply?
We assess your arrangements and sector to confirm applicability, including whether transactions involve goods, then advise on scope, risks and required contractual protections.
Understanding rights and obligations
We explain the duties and entitlements on both sides, including commission, information sharing and notice periods, so you stay compliant and in control.
Distinguishing agents from employees
We help you correctly clarify worker, employee and agent status, minimising misclassification, tax exposure, vicarious liability, and tribunal risk through sound structuring.
Drafting and reviewing agreements
We create and update agency agreements that reflect your goals while protecting your position on scope, territory, exclusivity, commission, reporting, regulatory compliance, and robust business protections.
Commission, notice, and post-termination restrictions
We guide you on commission structures, minimum performance, notice, termination grounds, confidentiality, restraint of trade and non-solicitation, balancing enforceability with commercial aims.
Compensation or indemnity on termination
We assess potential exposure, calculate sums on termination or expiry, and mitigate liability through compliance, precise drafting and negotiation.
Questions we’re often asked
A self-employed person who’s authorised to negotiate or conclude sales of goods for a principal.
Not usually. They mainly cover goods, though some borderline cases exist.
No, contracting out is ineffective. Choose indemnity or default to compensation.
It’s usually based on the loss of value of the agency and is assessed using previous case law
Statutory minimum varies by length of relationship. It’s capped at three months.
Yes, if they’re reasonable and needed to protect your business. We’ll help you strike the right balance.
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For more information or a no obligation discussion, please call or email our team today.
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