The warning signs of distress, what to look for and first steps to take

Leonard Curtis celebrates 30 years of restructuring and turnaround advisory this year so there is nothing we have not seen in terms of business distress. What we do say to business owners – if they look as though they are heading for trouble - is to look for warning signs and act accordingly.  

These are the seven key things to take on board:

  1. Don’t bury your head and hope problems will go away

It’s very easy for any business manager to fall into the ‘hoping for the best’ trap, as business owners are naturally optimistic, and the alternative is too terrible to contemplate. Ignoring problems, however, is unlikely to be a solution, and this is more likely to lead to failure.

It’s essential to take stock of the reality of the situation, including external factors such what’s happening in the market, then bring the management team or trusted advisors together to review the strategy and decide what needs to change. This needs to be done at an early stage of any distress.

It is worth saying that even if a formal insolvency process becomes necessary, it doesn’t always mean the end of the road. Our focus is always forward with purpose whatever that looks like for a business owner.

  1. Forecast. And then challenge your forecast

Regular forecasting particularly cashflow, is extremely important for any business – not just for survival, but also to identify opportunities for growth.  Once projections have been pulled together - for both best and worst possible scenarios – they are an extremely effective guide to developing long-term strategy and managing day to day operations.  Take time to regularly review and challenge your forecast to work out how you can bridge any gaps in your cashflow.

  1. Act quickly when you see trouble ahead

By knowing what to look out for - and what steps to then take - a business has more time to react. This emphasises the importance of forecasting, the longer it takes to acknowledge difficulties, the quicker they accelerate, and the more problematic they become. If caught unaware, often, by the time the ‘cashflow crunch’ hits and creditors are chasing for payment, the options for remedial action reduce.

It is also important to understand what your business means to you. We meet with many business owners who, when they really think about it, don’t want to spend every day fighting fires. They recognise that sometimes it is better to work for someone else. We always ask business owners what ‘good’ really looks like for them and then formulate a plan to make the best of the situation.

Even at the later stages, distress doesn’t always mean disaster. From time to time, we are all faced with a situation where we don’t know the immediate answer, so asking for help is the brave and correct thing to do.

  1. Ask for help

Nobody should be afraid of asking for help, there is plenty of trusted support available from qualified professionals including at Leonard Curtis and we have a very open door approach. Five years on from Covid, times remain challenging for many businesses, but again, a greater proportion of them can certainly be saved if issues are taken on board and specialist advice sought early.

  1. Keep talking to your stakeholders

Once you have identified the cause of the distress and developed a plan to deal with the situation, communicating well in the right way with employees, customers and suppliers – the key people around your business – will help turn a distressed situation around.

Without customers, you have no business. Without your suppliers you can’t make your products and without your employees you can’t deliver them. So, knowing what to say and when to say it is important and part of the guidance we can provide. This should just be a natural extension of what you would normally be doing – knowledge from communication helps understand customers’ requirements and challenges and identify early any problems with potential debtors.

The same goes for suppliers. You need to ensure you can still get the services and raw materials you need. And if you’re struggling to keep up to date with payments then talking to them in advance is far more likely to secure to their support than just ignoring the issue.

​​​​​​Being honest with employees – at the right time – to inform and reassure if you can, is fundamental – especially if there is a recovery plan involving their support or you need to manage any exits professionally.

  1. Keep lenders and creditors on side

Again, this comes down to good communication from the management team.

The simple advice is to engage with lenders and creditors at an early stage, especially where difficult messages need to be conveyed. And, if you make a promise to pay later as part of a deferral arrangement, stick to it, otherwise, your credibility may be damaged and confidence in your ability to manage the situation is lost.

  1. Don’t be afraid of a possible insolvency process - rescue is always the priority

Confusion surrounding the insolvency process - and fear of repercussions from seeking advice from a corporate recovery professional - means that many owner managers often leave it too late to get help. Asking an insolvency practitioner (IP) for guidance does not automatically lead to the closure of the business.

On the contrary, our priority - and that of most restructuring firms - is always to try to save a business if possible.  Where we are consulted early enough, we can usually develop a practical strategy to put the company back on a steady footing.

CVAs

One of the options may be a Company Voluntary Arrangement (CVA) which can be suitable for many more businesses than just high street brands and large multiple retailer chains. As well as engaging creditors up-front, a CVA offers flexibility and is a helpful recovery option to address cashflow issues provided there is an underlying viable business.

Prepacks

Pre-pack administrations can also be the right option in some circumstances, but they are subject to external scrutiny - particularly where business sales to connected parties are involved.  Make sure you take advice from a reputable and licensed IP who can help you steer the correct path. Those who get it wrong could face ongoing challenges from creditors including HMRC and the Insolvency Service.

Finally

Family businesses have an additional emotional challenge as often there is a fear of disappointing parents, partners, siblings and children. Often the business owner’s personal identity is based around the business and business distress can create stress in those personal relationships. This makes it even more important to seek confidential impartial advice at an early stage to avoid those personal relationships clouding your judgment which could make the situation worse.

As business advisors with a range of services including negotiating with creditors, arranging additional funding as well as all the various insolvency options, we are happy to provide confidential initial advice without any cost or obligation to support businesses of all shapes and sizes.

Meet the team

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Daniel Williams

HR

Manchester

Daniel Williams

HR

Manchester

Daniel Williams

HR

Manchester

Daniel Williams

HR

Manchester

Daniel Williams

HR

Manchester

Daniel Williams

HR

Manchester

Sarah Harnett

Administrator

Hampshire

Restructuring and Insolvency

Ben Bardsley

Assistant Manager

Bury

Restructuring and Insolvency

David Tovey

Manager

Hampshire

Restructuring and Insolvency

Amber Walker

Manager

London

Restructuring and Insolvency

James Parsonage

Senior Manager

Bury

Restructuring and Insolvency

Myles Thompson

Junior Administrator

Bury

Restructuring and Insolvency

Tom Young

Administrator

Preston

Restructuring and Insolvency

Jon Shaw

Specialist Funding Relationship Manager

Leeds

Funding

Newsource

Alex Cadwallader

Director - Head of South and Offshore

London

Exec Team, Restructuring and Insolvency

Laura McCubbin

Talent Acquisition Partner

Bury

HR

Sam Wakeman

Junior Administrator

London

Restructuring and Insolvency

Vicky Pitts

Director | Head of Compliance - Restructuring and Insolvency

Bury

Compliance

Adam Dilworth

Trainee Data Analyst

Bury

IT

Steven Eyre

Manager

Manchester

Restructuring and Insolvency

Restructuring Advisory

Joe Higgins

Junior Administrator

Gateshead

Restructuring and Insolvency

Rachel Roscoe

Administrator

Bury

Restructuring and Insolvency

Personal insolvency

Emma Brown

Membership Manager

Bury

Business Services

Virtualnonexecs

James Hall

Associate Director - Head of Data

Bury

IT

Hannah Hills

Strategic Projects Business Partner

Bury

Finance

Sam Hackett

Administrator

Barlborough

Restructuring and Insolvency

Charlie Cooper

Manager

Bristol

Restructuring and Insolvency

Josh Green

Junior Administrator

London

Restructuring and Insolvency

Charlotte John

Manager

London

Restructuring and Insolvency

Karen Cockcroft

Senior Team Support

Bury

Support

Amelia Heeds

Administrator

Manchester

Restructuring and Insolvency

Andrew Poxon

Director – Head of North and Scotland

Bury, Manchester

Exec Team, Restructuring and Insolvency

Heather Deson

Team Support Administrator

Birmingham

Support

Alnur Miah

Manager

Preston

Restructuring and Insolvency

Jeremy Edward

Senior Administrator

London

Restructuring and Insolvency

Natalie Rigby

Administrator

Bury

Restructuring and Insolvency

Sophie McDonough

Senior Manager

Bury

Restructuring and Insolvency

Siann Huntley

Director

Taunton Cardiff

Restructuring and Insolvency

Eleanor Carmichael

Events Manager

Manchester

Marketing

Nick Myers

Director

London

Restructuring and Insolvency

Glee Pigozzi

Executive Assistant

London

Restructuring and Insolvency

Sarah Hewitt

Director - Funding Partnerships

Bury, Manchester

Funding

Commercial finance brokerage

Darren Robinson

Head of Business Development

London

Restructuring and Insolvency

Kieran Higson

Manager

Manchester

Restructuring and Insolvency

Simra Banaras

Junior Administrator

Gateshead

Restructuring and Insolvency

Robert Dunleavy

Manager

Guernsey

Restructuring and Insolvency

Gavin Snell

Non-Executive Chairman

Bury

Exec Team

Amanda Harrison

HR Business Partner

Bury

HR

Calvino Elliott

Head of Sales

Bury

Business Services

Virtualnonexecs

Adam Hembrough

Head of Development

Bury

Business Services

Virtualnonexecs

Jodie Hollinshead

Administrator

Birmingham

Restructuring and Insolvency

Michael Wain

Membership Manager

Bury

Business Services

Virtualnonexecs

Jececlyn Mark Hor Yien

Junior Administrator

London

Restructuring and Insolvency

Debra Brodie

Compliance Office Support

Bury

Compliance

Lillia Kristina Hodgson

Accounts Assistant

Bury

Finance

Stephen Jones

Business Development Manager

London

Restructuring and Insolvency

Arvin Charchi

Information Security Manager

Bury

IT

Annelise Videira

Assistant Manager

Guernsey

Restructuring and Insolvency

Steve Markey

Director

Bury

Restructuring and Insolvency

Katy McAndrew

Director

Manchester

Restructuring and Insolvency

Rachael Bentley

Director | Solicitor

Manchester

Restructuring and Insolvency

Wendy Harrison

Office Administrator

Bury

Support

Beth Eagles

Design and Digital Marketing Executive

Manchester

Marketing

Anbrin Sadaf

Office Support

Bury

Support

Finnlay Walsh

Senior Administrator

Bury

Restructuring and Insolvency

Joanne Tipper

Senior Business Development Manager

Chester

Tom Booth

Administrator

Bury

Restructuring and Insolvency

Sofia-Mairi Karousi

Senior Administrator

Bristol

Restructuring and Insolvency

Joe Thompson

Assistant Manager

Manchester

Restructuring and Insolvency

Becky Owen

Head of Funding

Manchester

Exec Team, Funding

Stewart Goldsmith

Director

Hampshire

Restructuring and Insolvency

Catherine Reynolds

HR Director

Bury

HR

Paul Haworth

Head of Group Risk and Compliance

Bury

Compliance

Neil Bennett

Director

London

Restructuring and Insolvency

Cate Lord

HR Assistant

Bury

HR

Deborah Lockwood

Director

Sheffield, Rotherham

Restructuring and Insolvency

Amelia Ladbrook

Director - Head of Marketing

Manchester

Marketing

Sophie Smith

Director

Guernsey

Restructuring and Insolvency

Offshore services

Rob Venables

PR Coordinator

Manchester

Marketing

Louise Nadine

Case Manager

Leeds

Funding

Newsource

Raul Mer

Administrator

London

Restructuring and Insolvency

Jamie Maddox

Associate Director

Manchester

Restructuring and Insolvency

Elaine Holland

Assistant Manager

Sheffield, Rotherham

Restructuring and Insolvency

Helen Murray

Senior Relationship Manager

Birmingham, Worcester, Wolverhampton

Bill Bordill

Director

Manchester

Business Services

Advisory services - property & construction

Matthew Madden

IT Manager

Bury

IT

Eleanor Doyle

Legal Executive

Manchester

Restructuring and Insolvency

Sean Williams

Director - Head of Yorkshire and North East

Leeds

Exec Team, Restructuring and Insolvency

Mark Robinson

Funding Relationship Manager

Manchester

Funding

Commercial finance brokerage

Nara Fullbrook

HR Business Partner

Bury

HR

Phil Morton

Director

Loughborough

Restructuring and Insolvency

Zahidur Miah

Senior Administrator

Manchester

Restructuring and Insolvency

Oliver Rose

Junior Administrator

Manchester

Restructuring and Insolvency

Deborah Hooton

Solicitor | Senior Associate

Manchester

Leonard Curtis Legal

Insolvency, Debt recovery

Anthony Milnes

Director

Huddersfield

Restructuring and Insolvency

Jackie Renehan

Supervisor

Isle of Man

Restructuring and Insolvency

Michelle Temiwoluwa

Graduate Solicitor Apprentice

Manchester

Leonard Curtis Legal

Corporate

Olivia White

Administrator

Manchester

Restructuring and Insolvency

Megan Birks

Junior Administrator

Bury

Restructuring and Insolvency

Richard Corke

Senior Manager

Isle of Man

Restructuring and Insolvency

Abi Conah

Administrator

Manchester

Restructuring and Insolvency

Janine Holloway

Management Accountant

Bury

Finance

Charlotte Thompson

Administrator

Bristol

Restructuring and Insolvency

Nicola Carlton

Senior Administrator

Manchester

Restructuring and Insolvency

Russell Villanueva

Senior Administrator

Bury

Restructuring and Insolvency

Lakh Singh

Business Development Executive

Bury

Restructuring and Insolvency

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