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.

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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

What is a commercial agent?

A self-employed person who’s authorised to negotiate or conclude sales of goods for a principal.

Do the Regulations apply to services?

Not usually. They mainly cover goods, though some borderline cases exist.

Can we contract out of compensation/indemnity?

No, contracting out is ineffective. Choose indemnity or default to compensation.

How is termination compensation calculated?

It’s usually based on the loss of value of the agency and is assessed using previous case law

What’s the minimum notice for termination?

Statutory minimum varies by length of relationship. It’s capped at three months.

Can we include post-termination restraints?

Yes, if they’re reasonable and needed to protect your business. We’ll help you strike the right balance.

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Georgia was incredibly helpful throughout the process of reaching a settlement with a previous employer. Georgia took the time to understand my personal situation and provided clear, considerate, and professional guidance at every stage. Her support made a complex process much easier to navigate, and I felt reassured knowing I was in capable hands.
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