Small Business Hiring Do’s and Don’ts: How to Build a Sales Team Without the Legal Headaches
Hiring for a sales team in a growing UK business can feel like a juggling act. You need people who can hit the ground running, represent your brand, and deliver results — but without dedicated HR support, getting it wrong can cost more than lost revenue.
At CN Sales Recruitment, we’ve seen countless small and mid-sized businesses (50–500 employees) make great hires — and a few expensive mistakes. Here are some of the most common hiring do’s and don’ts we share with sales leaders to help them grow confidently and stay compliant.
Do: Understand Who You’re Really Hiring — Employee or Contractor
One of the biggest risks for UK employers is misclassifying someone as an independent contractor when they’re really an employee.
If you bring in a salesperson who works regular hours, uses your systems, and is managed by your team — they’re almost certainly an employee, not a contractor. Misclassification can lead to backdated PAYE, National Insurance, and even fines from HMRC.
Tip:
If in doubt, treat the person as an employee. Use a clear written contract, pay through payroll, and include holiday entitlement. Contractors should have genuine control over their work, their own insurance, and the ability to serve multiple clients.
Don’t: Skip the Prep Before the Interview
A rushed interview is one of the biggest red flags in small business hiring. Before you sit down with a candidate, take ten minutes to map out what “great” looks like for your sales role.
Ask yourself:
What outcomes do I need from this role in the next 6–12 months?
What skills or experiences genuinely drive success in our industry?
How will this person fit within our sales culture?
By defining this first, you’ll avoid hiring someone who interviews well but isn’t aligned with your sales environment.
Do: Ask Smart, Open-Ended Questions
In sales recruitment, behavioural questions reveal far more than buzzwords. Instead of “What’s your biggest strength?”, try:
“Tell me about a time you turned around a slow sales quarter.”
“How do you handle rejection in a client pitch?”
“What’s your process for nurturing cold leads?”
Encourage candidates to talk through their process — not just outcomes. It gives you insight into how they think, not just what they’ve achieved.
Don’t: Ask Anything That Could Get You in Legal Trouble
Certain questions can unintentionally cross the line under UK Equality Law. Avoid anything that touches on protected characteristics such as age, marital status, disability, or religion.
Examples of off-limits questions include:
“Are you planning to start a family?”
“What year did you graduate?”
“Do you have reliable childcare?”
Stick to questions directly relevant to job performance — such as availability, skill set, or experience.
Do: Use Conditional Offers and Pre-Hire Checks Correctly
Once you’ve found your ideal candidate, make sure your offer letter states that employment is conditional on successful background and reference checks.
If driving is part of the role, confirm they can meet insurance requirements (for example, being over 21 for fleet cover). This keeps you compliant and protects your business if something unexpected arises.
Don’t: Forget About Onboarding
Even the best salespeople fail without structure. A clear onboarding plan — covering your CRM, processes, and expectations — helps new hires hit their stride faster.
Investing time here reduces early turnover and builds long-term retention. Remember: hiring doesn’t end with a signed contract; it begins there.
Do: Partner with Experts When You’re Unsure
Navigating employment law, compliance, and sales talent strategy can feel overwhelming without HR support. That’s where we come in.
At CN Sales Recruitment, we specialise in helping small and mid-sized businesses within HR Technology, Digital Customer Engagement, Membership Organisations, and ESG/Sustainability build high-performing sales teams.
We help you get hiring right — from defining the role to final interviews — while staying compliant and protecting your brand reputation.
Final Thoughts
Hiring is one of the biggest investments a small business makes. With the right preparation, clear processes, and a legally sound approach, you’ll not only avoid risk — you’ll attract the right people to help your business grow.
If you’re planning your next sales hire and want to get it right the first time, get in touch with us hereto discuss your role in confidence.