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

View full team

Daniel Williams

HR

Manchester

Daniel Williams

HR

Manchester

Daniel Williams

HR

Manchester

Daniel Williams

HR

Manchester

Daniel Williams

HR

Manchester

Daniel Williams

HR

Manchester

Samantha Fishwick

Compliance Senior

Bury

Compliance

Amy Lockwood

Office Manager

Sheffield, Rotherham

Restructuring and Insolvency

Christine Bailey

Office Support

Preston

Support

Adiya Akylbekova

Head of Strategic Projects

Bury

Finance

Gavin Snell

Non-Executive Chairman

Bury

Exec Team

Steven Eyre

Advisory Manager

Manchester

Restructuring and Insolvency

Restructuring Advisory

Charlie Ottewill

Manager

Manchester

Restructuring and Insolvency

Louise Nadine

Case Manager

Leeds

Funding

Edward Sparks

Administrator

Sheffield

Restructuring and Insolvency

George Piggott

Senior Administrator

Manchester

Restructuring and Insolvency

Nicola Carlton

Senior Administrator

Manchester

Restructuring and Insolvency

Cate Lord

HR Assistant

Bury

HR

Thomas Burton

Junior Administrator

Bury

Restructuring and Insolvency

Chris Beevers

Head of Search

Bury, Gateshead

Business Services

Virtualnonexecs

Evie Foulkes

Trainee Administrator

Hampshire

Restructuring and Insolvency

Bethany Osmond

Senior Manager

Guernsey

Restructuring and Insolvency

Offshore services

Paul Birks

CFO

Bury

Finance, Exec Team

Toby Gibbons

Assistant Manager

London

Restructuring and Insolvency

Conor Jones

Advisory Analyst

Manchester

Funding

Business advisory

Dan Booth

CEO

Manchester

Exec Team

Donna Crompton

Director

Liverpool, Chester

Restructuring and Insolvency

Stephen Beverley

Director

Sheffield, Rotherham

Restructuring and Insolvency

Emma Smith

Operations Support

Manchester

Funding

Zara Mehmood

Management Accountant

Bury

Finance

Jas Mall

Specialist Business Development Manager

Birmingham

Funding

Commercial finance brokerage

Jackie Renehan

Supervisor

Isle of Man

Restructuring and Insolvency

Megan Singleton

Director

Preston

Restructuring and Insolvency

Una Spencer

Cashier

Bury

Restructuring and Insolvency

Krish Singh

Learning and Development Manager

Bury

HR

Eleanor Carmichael

Events Manager

Manchester

Marketing

Khalid Suli

Senior Administrator

Bury

Restructuring and Insolvency

Toby Rolls

Head of M&A Advisory - Director

London

Adam Hembrough

Head of Development

Bury

Business Services

Virtualnonexecs

Jason Martin

Senior Manager

Leeds, York

Restructuring and Insolvency

Paula Castle

Brand and Communications Director

Manchester

Marketing

Cara McNulty

Senior Administrator

Guernsey

Restructuring and Insolvency

Offshore services

Stephen Hartshorne

Senior Manager

Manchester

Restructuring and Insolvency

Andrew Pitts

Director

Bury

Restructuring and Insolvency

Megan Birks

Junior Administrator

Bury

Restructuring and Insolvency

Emma Brown

Membership Manager

Bury

Business Services

Virtualnonexecs

Finnlay Walsh

Senior Administrator

Bury

Restructuring and Insolvency

Sarah MacInnes

Optimise Client Manager

Manchester

Business Services

Aaron Blake

Head of Group Reporting

Bury

Finance

Summer Hume

Junior Administrator

London

Restructuring and Insolvency

Sherrelle Scott

Solicitor | Director

Manchester

Leonard Curtis Legal

Corporate and commercial

Jordan Ayitey

Administrator

Hampshire

Restructuring and Insolvency

Tanaka Makawa

Business Development Manager

London

Lifecycle

Jordan Sawicz

Administrator

Bury

Restructuring and Insolvency

Ryan Holdsworth

Director

Sheffield, Rotherham

Restructuring and Insolvency

Tom Young

Administrator

Preston

Restructuring and Insolvency

Joshua Young

Apprentice Business Advisory

Manchester

Funding

Business advisory

Timothy Kendrick

Administrator

Gateshead

Restructuring and Insolvency

Kristie Bowden

Trainee Cashier

Bury

Restructuring and Insolvency

Monty Nash

Junior Administrator

Bristol

Restructuring and Insolvency

Harry Matthews-Roberts

Manager

Jersey

Restructuring and Insolvency

Offshore services

Dan Bell

Head of Broker Relations

Harrogate - Newsource Commercial Finance

Funding

Newsource Commercial Finance

Steve Markey

Director

Bury

Restructuring and Insolvency

Jodie Hollinshead

Junior Administrator

Birmingham

Restructuring and Insolvency

Deborah Patrick

Senior Administrator

Manchester

Restructuring and Insolvency

Natasha Lee

Administrator

Manchester

Restructuring and Insolvency

Olivia White

Administrator

Manchester

Restructuring and Insolvency

Amber Holt

Finance Support Administrator

Guernsey

Finance

Offshore services

Helen Murray

Senior Relationship Manager

Birmingham, Worcester, Wolverhampton

Lifecycle

Alnur Miah

Manager

Preston

Restructuring and Insolvency

Nicola Layland

Director

Hampshire, Dorset

Restructuring and Insolvency

Chelsea Hanson

Office Manager

Barlborough

Support

Cameron Harrison

Business Development Executive

Thames Valley, London

Restructuring and Insolvency

Mike Dillon

Director

Manchester

Restructuring and Insolvency

Shamana Rani

Business Advisory Analyst

Manchester

Funding

Business advisory

Richard Bruton

Business Development Manager

London

Funding

Commercial finance brokerage

Jonathan Todd

Associate Director

Gateshead

Restructuring and Insolvency

Sharon Tyson

Senior Manager - Cashier

Bury

Restructuring and Insolvency

Richard Pinder

Director

Barlborough

Restructuring and Insolvency

Jade Roberts

Marketing and Events Executive

Manchester

Marketing

Jonathan Britstone

Case Manager

Bury - Newsource Commercial Finance

Funding

Newsource Commercial Finance

Zak Travis

IT Support Engineer

Bury

IT

Amelia Heeds

Administrator

Manchester

Restructuring and Insolvency

Aaminah Dadabhoy

Senior Administrator

Preston

Restructuring and Insolvency

Sam Kaye

Junior Administrator

Birmingham

Restructuring and Insolvency

Anthony Bailey

Manager

Liverpool

Restructuring and Insolvency

Carl Faulds

Group Head of Restructuring and Insolvency Operations

Hampshire

Restructuring and Insolvency

Davitt Lynch

Director

Bury

Restructuring and Insolvency

Mariam Asif

Junior Administrator

Bury

Restructuring and Insolvency

Helen Sutherland

Paralegal

Manchester

Leonard Curtis Legal

Insolvency, Debt recovery

Oliver Rose

Junior Administrator

Manchester

Restructuring and Insolvency

Ellise Townsend

Senior Administrator

Bury

Restructuring and Insolvency

Yamin Vahaluwala

Senior Data Analyst

Bury

IT

Nicola Harcombe

Assistant Manager

Bristol

Restructuring and Insolvency

Sam Wakeman

Junior Administrator

London

Restructuring and Insolvency

Samantha Burke

Personal Assistant / Office Manager

Leeds, York

Support

Gary Cain

Head of Business Services

Manchester

Exec Team, Business Services

Alex Cadwallader

Director - Head of South and Offshore

London

Exec Team, Restructuring and Insolvency

Julie Hogan

Senior Support

Bury

Support

Gareth Kinneavy

Senior Manager

Barlborough

Restructuring and Insolvency

Charlie Bunting

Trainee Solicitor

Manchester

Leonard Curtis Legal

Corporate insolvency

Alison Britner

Group Operations Manager

Bury

Support

Darren Grimshaw

Associate Director

Bury

Restructuring and Insolvency

Personal insolvency

Catherine Ormerod

Supervisor

Bury

Restructuring and Insolvency

Rachel Roscoe

Junior Administrator

Bury

Restructuring and Insolvency

Personal insolvency

Katharine Lawrenson

Solicitor | Director - Head of Insolvency

Manchester

Leonard Curtis Legal

Insolvency

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