The Government spent over £1m last year finding out if there was market failure in advisory compliance services for SMEs. Nice of them; and the short answer is – ‘nope’, nada, nowt, nine, rien, no way. Having made this ‘investment’ they’ve then buried (‘archived’) their findings in the communications equivalent of Outer Mongolia, which is odd. The detailed findings are important, however, so here’s the headlines.
The research team put a big spotlight on non-lawyers doing compliance work for SMEs. A sceptical, some would say a biased spotlight, should be revealing, so what was the result?[1]. The findings are relevant for the regulatory consultancies (who come out well), and the regulators, quangos, lawyers, insurers, and banks, who, frankly get taught some lessons.
The New Labour administration set a lot of hares running in the legal services arena, and in this instance the Anderson Review[2] concluded that something should be done about compliance advice for SMEs. Quite why they asked a recruitment entrepreneur to assess an area tangential to her core competence at best is unclear, but neither the intentions of the initial reviewers nor the competence of the subsequent teams is in question. It now appears to be more of a high water mark for an administration that simply saw no boundaries to their competence or calling. Until the RSI (The Regulatory Standards Institute) intervened and put the regulatory consultancies front and centre, no-one seemed prepared to argue that Mr Browns’ finest seeking to be legislator, regulator, inspector, insurer, advisor, certifier, prosecutor, defender, expert witness, judge, jury and bailiff all at the same time could be a tad over-reaching themselves.
Two pilot projects and a nationwide research effort were undertaken delivering significant empirical results:
- From an addressable prospect base of 22,500 firms (5% of the North West SME population) one government pilot research scheme (aka ‘no wrong door’) secured interest from 447 firms, 253 of whom registered for a free trial. From these, after the 6 months free period, 12 firms took up long term contracts[3]. Take up of a ‘free’ service for 6 months was therefore notable at 1.12% of the prospects, and 4.74% of those went on to take up a full service. Overall the take up was 0.05%. Frankly no direct marketing B2B services business would find these levels of take up remotely attractive or cost effective.
- A sister project (‘Open Market Campaign’ – OMC) started with direct mail to 30,407 firms, emails to 9,700 and telemarketing to this 30k base, ie 3 hits. They were offered £50 off an existing service. They achieved 1483 registrations: 4.8% take up for a free offer. No firms took up the offer or used the vouchers, that’s right – none, zero. Not being able to effectively give away £50 notes is an odd outcome.
- The cost of the research pilots in total was £1,104,313[4] resulting in a cost per sale of £92k which should pay back in just over 30 years. Even allowing for a direct marketing cost allocation only, the costs for the pilot which generated some sales after the 6 month trial was £74,516 generating a cost per sale £6.2k; this would render each contract heavily loss making from inception on normal commercial parameters. The best that can be said is that it was nice of the Government to prove that direct marketing (as opposed to sales force led) approaches in this market are rarely cost effective. Sadly, this lesson did not need learning – not at any rate by those in the market already.
The other findings from the research are, strangely, not being widely disseminated or trumpeted, despite their relevance to the legal service debate raging currently. Here are the key lessons:
Compliance is a stress purchase: The most common reasons for not taking up even free pilot offers can be paraphrased as (a) ‘not now’, and (b) ‘maybe later’[5]. Timing is all in stress purchases for compliance. This is easy to forget, but it is absolutely fundamental to understanding the appeal of compliance, and especially outsourced compliance. Entrepreneurs simply do not get up in the morning deciding to really crack on with compliance today
Awareness among SMEs is high: It should come as no surprise surely that 81% of businesses with no employees are not aware of these services. Awareness is highest among 10-19 and 20-49 employee firms and in effect over 70% of firms in these categories know all about it. Basically those who need to know - know.
Clients want certainty, insurance is secondary. The government’s research focus on ‘insured advice’ effectively put the cart before the horse by focusing on a prescribed solution. Most SMEs want certainty and whether the advice is insured or not is irrelevant. That some respondents’ expected ACAS to offer insured advice simply illustrates the confusion.
Awareness does not predict likelihood to purchase. An important finding was that increased awareness of the solutions did NOT make the SME more likely to buy the service. None – yes, None – of those most aware, converted to pilots or policies in this research. The research is open minded about the implications of this, but there are some basics at play: (a) SMEs only very rarely buy weapons in time of peace, and (b) it's noisy out there - upwards of 200 active sales consultants nationwide backed by even more telemarketing staff cycle through over 13million calls a year at present, so even the largest estimates of SME populations mean each firm is called probably 3-4 times every year already.
Very Satisfied: ‘Overall there was a high level of satisfaction among businesses that have used insured advice with the quality of the advice they have received.’ This finding is startling. Not because it tells it like it is, but bear in mind that there were several vested interests lobbying hard behind the scenes here to prove that law firms must inherently be better than the ‘differently qualified’. Simply put - SMEs like what they’re getting from the regulatory consultancies and their choice is an informed one.
Never Mind the Quality…: ‘Amongst those businesses that were aware of insured advice but have not used it, quality was the least frequently given factor affecting their decision not to use this type of advice.’ Another startling finding. Strip away the double negatives and basically quality of advice is Not the paramount issue for SMEs – it is not even a major concern – it is the LEAST concern. Frankly this nails the protectionist arguments of the legal lobby in particular. SMEs want the ‘poo’ gone, not polished. It is this mind-set that lawyers almost always get wrong.
Timeliness First, Cost Second: The issues which are more relevant to clients include: (a) cost (and in this market perceived cost risk and fixed fee elements are writ large); (b) insurance was not seen as a primary issue for end users at all, (all it delivers is a mechanism for fixed fee pricing); and (c) timeliness is key. Basic points all – the Market is saying: ‘Get rid of the problem for a fixed fee – insure if you must (that’s your call as the supplier) – and get out of the way, we’ve got a business to run’. This is the ‘I don’t check the Highway Code when I pop into the car to go to the supermarket’ point. Compliance takes itself too seriously and regulators always confuse their desire to change behaviour with their ability to do so.
Sour Grapes? Satisfaction was ‘high’ and only 4% were dissatisfied with the quality of advice. This is important as it means the likelihood of breaking into this market by simply offering fantastic advice quality is very low. Quite where the allegations of poor quality come from is a mystery, and maybe the definition of ‘quality’ is revealing here. It is also worth acknowledging that within the regulatory consulting industry there is already much self flagellation about the advice being compromised or not by the insurance backing; they are far from complacent even about the issue the 4% may point up.
Renewal benchmarks: 8% of the sampled SMEs had used the service in the past and were not using it now[6]. This translates into a 92% renewal rate, which over a 3 year contract (the industry standard) is 78% (of renewables). These are benchmarks the market knows and polarises around. There are good reasons why the annualised renewal rate is 92% and not 97%, mostly inherent in the fact that SMEs merge, liquidate etc more than most, but also that by definition firms facing compliance growth pangs face a higher attrition rate too.
Tick Box Fatigue? Clearly the efficacy of kitemarks is wearing thin when the desirability of a quality assurance program was raised. What should have been a resounding ‘yes’ or at least a comforting ‘it can’t hurt’ was a very equivocal 50/50 ‘maybe’ or ‘if you must’ response from clients. Noticeably in relation to prospective clients the impact was that only 38-43%[7] would be more likely to use a kited supplier. Again, satisfaction with the choices already there is clearly very high in relative terms.
Pricing is Personal. Research on pricing is notoriously misleading and basically very few people do what they say they’ll do when it comes to pricing. Economic models rarely manage to cope with the emotional baggage, especially when in a stress purchase situation. So ignore the average price expectation of £450pa; the average of free and £3k skewed among firms with no employees is probably in reality lower than £450pa, but equally tackling a discrimination claim at tribunal for £450 would be nonsense – the average figure is meaningless. Average fees based on a firm’s payroll are the norm and after a determined attempt to cull competitors over several years by the market leader with price competition, if anything prices are now rising again and averages for SMEs are probably now over £175 per month.
Industry Competition: Comparing costs to other advisors, notably banks, insurers and accountants is also largely meaningless as these are often transactional and commoditised services (usually costing significantly less than £1k pa). An SME is not going to stop paying their audit fee because they sacked someone this year and got it wrong (unless it bankrupts them). Compliance is structurally different – when it happens it can kill a business, and it is inherently an ‘infrequently occurring but complex’ event[8], often disciplinary and redundancy based. The only finding of note was that “where it was found that cost was less of an issue, use of insured advice increased’. This is a backwards way of saying that an insured component simply delivers fixed price certainty for clients – something they value.
The addressable market: Having identified that awareness was irrelevant to take up, the research still maps both and usage/awareness is highest in the 20-49 employee size category, followed by 50-249 and 10-19. The only rationale for keeping the 'no employee' categories in play would be their propensity to become employers, but the take up is miniscule; clearly the vast majority of sole traders typically remain sole traders. There remains a problem with this research, however, in that 30% penetrations at best simply do not tally with empirical research on the number of organisations and the contract volumes for the 70+ suppliers in this market. Underlying confusion over what ‘insured advice’ is may account for it. Many may simply not know that they have cover through their trade associations etc, but it would be dangerous to assume that there is a massive untapped market lying in wait in the 10-50 employee sector; there isn’t.
Who’s asking? Funnily enough when asked by a government sponsored research project how confident they were in their compliance, over 97% of SMEs said they were ‘fine, thank you’.
Freebies. When the category ‘external advice’ includes everything free via Google as well as free services from government web sites, HSE, ACAS etc the resulting statistic that only 23% [9]of users of external advice use paid for services is meaningless. The fact is clients use several overlapping free services and it is not a zero sum game. People use free stuff when it doesn't matter; when push comes to shove they use 'proper' services and bin the freebies.
Industry competition: When a ‘paid for’ service is used, it replaces the need for external (often free) advice – probably because that’s what ‘outsourcing’ means. Overall it is seen as ‘better’ than other paid for alternatives. In particular, 40% saw it as directly replacing solicitors, 34% banks, 15% ACAS and 9% HSE[10]. Research stating that regulatory consultancies are seen by 40% of the market as better than or negating the need for resorting to other legal sources such as Solicitors is important. Substitutability rankings such as these on multiple options rarely get over 20-25%, so the solicitors sector is actually taking a pounding here. Regulatory consultancies are equally favoured over bank services and once lost to a regulatory consultancy the bank will lose the two most productive hooks into SME risk reduction and legal services on-selling. To be clear, banks usually do not offer employment advice, but they will be the only source of covering a perceived £3-7k unforeseen risk - so a service transmuting this to £175 per month from now is very welcome. It is notable that whereas RBS Mentor has built a top 3 market position with a full service, few of the other increasingly innovative advisory and referral services have proved sustainable. Banks may be happy to see others manage their client risk and simultaneously lose the benefits of a £2-3k pa service, but it is puzzling why only one has decided to break the eggs in this market.
Assurance, not insurance. Attitudes to insurance within the industry vary increasingly. Some view the insurance of the advice as a guarantee of quality, some see it as an incentive to actually act against the client's best interests. Significant players offer guarantees and other variants on a self insuring theme, while more and more players are extending from profit shares into captive insurance partnerships. The BIS research suggests that 29% do not see insurance as justifying a premium (which is not why it’s there in the first place, anyway) and 24% didn’t see the need for advice to be insured at all. To what extent these are the same constituencies is not clear, but arguably between a quarter and a half do not see insurance as a major positive or negative.
So what?
Simply put – there was no market failure. More to the point, the winners in this market have shown a degree of innovation, client empathy, commercial risk management and perseverance that simply could not have been predicted. It certainly could not have been designed by government as it stumped the brightest and the best from the legal and insurance industries as well. Lawyers should have won here – they haven’t. Accountants, banks and insurers should have claimed this territory as core to their risk profiling – they’re well behind the pace. Publishers and other SME brands should have diversified – they are generally doing too little and far too late.
Safety and employment law compliance is now an established market with its own internal complexities and mores. The high water mark of the last Administration’s pride revealed one of the legal services industries best run markets – probably just where they least expected it. It should be noted, however, that it was not because the FPB and Peninsula co-operated with the pilots that the project foundered. It was a credible threat of a class action from the RSI and one aggrieved firm in particular that made the Administration choose the road it should always have been on anyway. Technical breaches of EU subsidy and competition rules leading to high profile High Court litigation would ultimately have had to be resolved at Cabinet Office and wasted considerably more than the £1m already sunk here. Normal hostilities have been resumed.
The lesson for incumbents and newcomers alike are clear:
- Offering free stuff – however erudite - simply will not work here; plenty sell it, clients discount it. There’s a glut of free advice, much of it duplicated and increasingly devalued – few dare say it, but the quality of free and quango advice is not high and usually needs double checking.
- Of Time, Cost and Quality – Timing is key: when SMEs need help – they really Need it. Until then, you are more likely to annoy than help if you persist in teaching people what they don’t want to know.
- Being a brilliant lawyer specialising in employment law or safety guarantees nothing and may actually be a hindrance. Professional brands have negatives as well as positives – this market thrives on ‘not’ being lawyers, regulators or insurers.
- For banks the issue is not giving free advice on some web gizmo like the Halifax's latest pitch, or free shrink wrap software that's never used from Barclays, it is missing out on thousands of small loan opportunities for SMEs while simultaneously actively reducing the client's risk profile.
- It’s not about cost – it’s about agreeing a fixed price to cover a lumpy risk. Insurance helps here, but it’s not essential or much of a selling point even.
- Quality is defined by the customers’ expectations, not some legal qualifications checklist – regulatory consultancies are consistently meeting or exceeding the expectations that matter.
[1] Employment Relations Research Series No 120: Insured Advice Pilots: Evaluation: July 2011 http://www.bis.gov.uk/assets/biscore/employment-matters/docs/I/11-1080-insured-advice-pilots-evaluation
[2] The Andersen Review: http://www.berr.gov.uk/files/file49881.pdf
[3] Table 3.12 and page 37. It should be noted that the take up was with either the Forum of Private business (a white labelled service) or Peninsula – two firms which do not truly represent the range of service levels in this industry, but significant players.
[4] Freedom of Information release 21/06/10: Insured Advice Pilots
[5] Table3.11 No Wrong Door Pilot registrees by reason for not taking out a policy.
[6] Page 22: ‘Quality’
[7] Page 22
[8] Page 25
[9] Page 30 Use of External Advice
[10] Page 31 2.3; Page 32 Summary
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