How the GDPR affects recruitment

Small and medium employers are used to juggling checklists. Payroll, recruitment, line-manager training, etc. But 2026 is different: the rules aren’t just changing, and the way decisions are judged is shifting. That makes everyday choices (flexible-working replies, sickness pay, probation calls) more likely to land a business in trouble, even when managers act in good faith. Below are the practical changes UK SMEs should prioritise now, what they mean in everyday terms, and a short checklist you can action this week. Quick summary From 6 April 2026 , some family and sick-pay rights become day-one entitlements. That affects paternity, unpaid parental leave and statutory sick pay. Statutory Sick Pay (SSP) waiting days are being removed and entitlement rules change — payroll must be ready. Collective redundancy penalties increase: protective awards can double, so consult properly or risk larger fines. These changes are rolling in across 2026; employers should focus on process, documentation and manager training , not just policy wording. What’s changing (and why it matters) 1. Day-one family rights — paternity & unpaid parental leave From April 2026, employees can give notice for statutory paternity leave and unpaid parental leave from their first day of employment. That removes the old 26-week / 12-month service tests and brings more people into scope immediately, which is good for families, but means employers must be ready to process, record and respond to requests from day one. Practical impact: update your parental-leave procedure, train whoever handles returns and leave, and make sure your contractual templates and employee handbook reflect the new eligibility rules. 2. Statutory Sick Pay: waiting days gone, wider entitlement The current three waiting-day rule for SSP is being removed from 6 April 2026, and entitlement rules are being widened (for example, the lower earnings threshold is being removed). SSP rates are also updated for 2026–27. Payroll teams need to be able to pay SSP from day one and to calculate linked periods correctly. Practical impact: talk to payroll/your software provider now. Test scenarios: short absences, linked periods, low-paid staff. Confirm how your payroll will apply the new SSP rules from 6 April. 3. Redundancy and collective consultation: higher protective awards The maximum protective award for failing to consult properly in a collective redundancy situation will increase (reports indicate a doubling to 180 days’ pay). That makes getting consultation, records and redundancy planning right far more important. Practical impact: audit your redundancy playbook, update consultation steps, and ensure you have a clear paper trail showing how decisions were reached and who was consulted. 4. The broader shift: process matters more than ever Across the Employment Rights Act and related reforms, a repeated theme is that tribunals and regulators are looking for defensible processes: consistent handling, documented reasoning and fair communication. That means the smallest missing note in a file, an informal chat that wasn’t recorded, or inconsistent treatment of similar cases can be costly. Practical impact: build manager scripts, standard templates for decisions, and a simple central filing system for HR notes. Train managers to log reasoning, not just outcomes. What SMEs should do this week (practical checklist) Immediate (this week) Talk to payroll: confirm SSP changes will be applied from 6 April 2026 and test a Day-1 absence scenario. Update your parental-leave and paternity-leave procedure to reflect day-one entitlement. Put a ‘how to’ note in the employee handbook and your manager guidance. Identify who handles redundancy consultation and map the steps — confirm who will lead and document each stage. Short term (2–4 weeks) Run a 30-minute manager briefing: how to record decision reasoning, where to save notes, how to respond to flexible-working and SSP queries. (Make it practical, use examples.) Review and update contract templates and staff handbook sections that reference qualifying periods, waiting days or eligibility tests. If you have uncertainties Keep a short list of questions and seek a 15-minute HR/ employment-law clinic rather than overhauling everything at once. Many small fixes (clear wording, a consistent file note template, payroll checks) remove most risk. FAQs Q: Do I have to update every contract before 6 April? A: Not always. Prioritise payroll and policies for SSP and parental rights, and ensure your core contract wording doesn’t contradict the new rules. Plan a phased update for full contract refresh. Q: What happens if I get it wrong? A: For individual disputes, you might face claims (and back-pay for SSP). For collective redundancy failures, protective awards can be materially higher from April 2026, so weak process can be costly. Q: Should I panic and rewrite every policy now? A: No. Start with the high-risk items: payroll SSP, parental-leave eligibility, and redundancy consultation steps. Fix the data and the decision flow; wording and full rewrites can follow on a schedule. Want a hand? If you’d rather not puzzle through the detail alone, we’re running a short, practical webinar that covers these exact points and gives you an immediate checklist to act on. Learn more about it here.