Hiring for Scaleups: A Defensible Guide to Building Your Team

As your company scales rapidly, the stakes around every hire shift from simply finding a good 'fit' to managing significant legal and operational risk. With capital at play and an expanding headcount, establishing a robust, objective hiring framework is critical for compliance and future funding due diligence.

Sarah Armstrong, Senior HR Consultant at Lewis Silkin, shares essential, foundational guidance on how to formalise your recruitment process. These practices are crucial for protecting your business against costly discrimination claims, ensuring consistency across a growing team of managers, and building a defensible talent pipeline that supports your rapid scale.

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Every new hire is a big decision for a startup. The tips below will help you find the right person faster through a clear process and decision-making that stands up to scrutiny.

1. Get crystal-clear on the role

This may sound obvious but not being clear about the role and requirements you need will lead to confusion during recruitment.  Candidates will almost certainly pick up on this, and time and money is easily wasted.   

Start with a simple, honest list:

• List the main headline tasks and responsibilities.  Keep these high level – where does the buck stop in this role?

• Note the skills, behaviours and specific qualifications the person needs to do the job 

• Be specific – clarity now saves headaches later. If adaptability and a ‘roll your sleeves up’ approach are important say so clearly in the job description.

• As a small business it’s likely you will need someone who can deal with ambiguity, uncertainty and change - don’t be afraid to state this.

2. Brief any recruitment partner well

If you use a recruiter, give them the real story. Explain why you’re hiring and what your business and culture is like day-to-day.  The more they know, the better they’ll represent you and find the right people.

3. Move at pace - good people don’t wait

Treat hiring like a project.  Set deadlines for each stage and stick to them. If you drag your feet, you’ll lose the best candidates to someone else.

4. Build an objective hiring process

This is where most small businesses slip up. It’s easy to hire someone you “click” with, but that’s not always best for the business and could inadvertently lead you into hot water.  Discriminating against someone because of a ‘protected characteristic’ such as race or sex can be a costly mistake with negative publicity and uncapped Tribunal awards. 

Here’s how to keep things fair and focused:

•  Write a person spec: Look at the attributes for the job listed in your job description and think about the level of experience you need. Mark each as “essential” or “nice to have”. Challenge yourself about what you really must have on Day One and what could be developed once the person is in post.

• Pick three to five key criteria from your job description and person spec - these are what you’ll assess every candidate against.

• Decide how you’ll test each of your key criteria. Well structured interviews work - no need to reinvent the wheel.

• If you set a task or test make sure its relevant to the job. Don’t ask for a presentation if the role doesn’t need it.

• In the interview look for examples of where the candidate can evidence their past performance, experience and skills. Try to avoid hypothetical questions (e.g. “What would you do if …?”).

• Take notes in the candidates own words. This helps you focus on facts not impressions and helps avoid unconscious bias.

• After each interview score candidates against your criteria. If you’re hiring with someone else score independently before discussing and comparing.

• Keep a record of your evidence and scores. This also gives you a feedback source to share with candidates.

Remember, diversity can come in all shapes and sizes including thinking style and social background. Building a diverse workforce will grow your human capital and strengthen your customer affinity.

5. Get the team involved - carefully

Team input can help you spot culture fit, but brief everyone to focus on evidence, not just who they “like”.  However, be clear where the ultimate decision-making lies if you feel you need to - this might be a strategic hire that some of the team won’t necessarily understand.

6. Keep candidates in the loop

Send a quick update after each step. Even a short “We’re still deciding” message shows respect and keeps people engaged.

7. Start onboarding before Day One

Once your new hire says yes, invite them to a team social or virtual coffee. Send over a welcome pack or some reading material. These small touches help them feel part of the team before they even start and can help keep enthusiasm high during a long notice period.

Objective and well-managed hiring isn’t just fair - it's good business. It helps you find the right people, build a stronger team, and protect your business from expensive mistakes.

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When scaling, protecting your business goes beyond HR compliance; it requires a strategic legal framework across all operational areas, from funding to international expansion.

About Lewis Silkin

Lewis Silkin supports ambitious founders and leadership teams by protecting their ideas, people, and future throughout the scale-up journey. The firm delivers expert legal advice across areas critical to high-growth businesses, including corporate funding, IP, disputes, employment, and international immigration law. With offices in the UK, Ireland, and Hong Kong, and global alliances, Lewis Silkin is driven by a focus on creativity, technology, and innovation, ensuring you have the legal framework to achieve your ambitious growth targets.

Lewis Silkin is a strategic partner to VenturePath. VenturePath members - the Lewis Silkin team is on-hand to partner with you on your legal needs while scaling, raising or exiting.