Estate agencies will be ‘scared to recruit’ under new employment law

Leading lawyer Anita Rai told The Negotiator conference estate agents will face more unfair dismissal claims when the new Employment Rights Bill becomes law.

employment law anita rai

Estate agents are going to be “scared to recruit” staff when new employment rights become law, a leading lawyer told The Negotiator Conference on Friday.

Anita Rai, Partner and Head of Employment at JMW Solicitors, said there will be an “uptick” in new cases once it becomes possible to claim unfair dismissal from day one of a new job.

Scrapped

The Government’s new Employment Rights Bill includes 28 measures to improve working conditions.

The existing minimum period of two years before an unfair dismissal claim can be made via an Employment Tribunal will be scrapped. There will though be a probation period of up to nine months for new hires, during which staff can be dismissed under a ‘lighter touch’ process.

The measures are not likely to take effect until autumn 2026 at the earliest due to consultations. Other aspects of the bill include statutory sick pay from the first day of illness, ending the current three-day waiting period.

People are going to be scared to recruit and much more nervous.”

“People are going to be scared to recruit and much more nervous,” Rai said.

“And we will see an uptick in claims.”

Rai also strongly advised agencies to ensure they have sexual harassment policies in place after the Worker Protection Act 2024 came into effect in October.

Sexual harrassment

Employers must take reasonable steps to make sure employees are not subject to sexual harassment.

Olivia Russo, Employment Solicitor, JMW
Olivia Russo, Employment Solicitor, JMW

Olivia Russo, Employment Solicitor at JMW, said the new legislation covers office banter, WhatsApp messages and work parties.

She said staff are particularly vulnerable when carrying out home viewings, and safety measures were essential.

New workers’ rights shake-up to impact estate agencies


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