The difference between headhunting and poaching is fairly black and white, according to coach Sophie Robertson, but if in doubt, you should err on the side of caution.

Robertson, the director of Younique Coaching, says she was known as the "ethics queen" in her recruiting days and has very firm views on the issue of poaching.

She notes that the RCSA Code for Professional Practice currently prohibits members from undertaking "actions that may unfairly or unlawfully interfere in work relationships established by others", but the previous incarnation more specifically prevented soliciting, luring or enticing clients' employees, or candidates members had placed within the previous 12 months.

While the wording has changed, "common sense dictates that the old principles need to be upheld", she says.

Robertson advocates even more stringent principles, which she says she and her staff adhered to when she worked in recruitment:

1. If a client deals with you (which means money is exchanged for services) then all bets are off in relation to placing their staff regardless of whether or not they contact you first.
2. If you place someone in a client company, you never place them again unless they resign first, so there are no misunderstandings as to whether you poached that staff member.
3. If your relationship with the client changes and they choose to deal with another recruiter, you still can't headhunt your placement. "After all the client has paid you to find that person for them. However, I wouldn't hesitate about the rest of their staff in terms of placing them, either through headhunting or if they contact you."

"In my view," Robertson says, "if you take someone out of a client company then it can be perceived by the client as poaching.

"Perception is reality for the client! As our industry already suffers from a questionable reputation, it is better for all in the long run if you ensure that doubt never creeps into the equation.

"Clients must trust you and if they possess a niggling doubt about whether you have done the wrong thing, then the long-term adverse effect is far worse than not being able to use that one candidate for an immediate placement.

"These guidelines are far more stringent than those imposed by the RCSA, but at the end of the day you only have your reputation in this industry. You sell professionalism, which includes trust.

"If you do not deal with the company yet - for example if you only market to them but have not yet exchanged money - then it's 'open slather' as to headhunting their staff."

Headhunt with professionalism

"When you do headhunt," Robertson says, "just go for it; call up your target person. Do it professionally by showing interest in them and if they are not interested in moving, ask them if they know of someone who might be.

"Occasionally you may get a disgruntled boss call you to express their dismay. Explain to them calmly that you are just doing your job and if they look after their staff they have absolutely nothing to fear as their staff wouldn't dream of leaving.

"Remember as with all things: if you have to think too much about whether it's ok to do, then it's probably not! Wear your integrity as a badge of honour; it's the most valuable thing you've got in this industry."