From Policy to Practice: What property HR leaders need to know about the Employment Rights Act 2025

In partnership with Angie Crush, Head of Employment Law at Omny Law, the session moved beyond the headlines to explore what these changes mean in practice and what HR professionals in property need to be doing right now to stay ahead of them.

What changed in April 2026 for the Employment Rights Bill?

For many HR teams, the April 2026 changes will have required immediate action. The lower earnings limit and waiting period for Statutory Sick Pay have been removed, making it more accessible for a greater number of workers. Paternity Leave and Unpaid Parental Leave are now day-one rights for eligible employees, removing the previous service requirements that once applied.

Whistleblowing protections have been strengthened, specifically to cover workers who raise concerns relating to sexual harassment, a significant development for organisations reviewing their speak-up cultures. Steps have also been taken to simplify the trade union recognition process, and the Fair Work Agency has been established to enforce employment rights more broadly.

For HR professionals managing diverse, multi-site property businesses, these changes require updated policies, clear internal communication strategies, and line managers who are equipped to respond confidently when questions arise.

The next major shift in the Employment Rights Act: trade union access rights

The most significant topic of discussion this morning centred on changes coming into effect in October 2026. Under the Employment Rights Act 2025, independent trade unions will gain a statutory right to seek both physical and digital access to workplaces, a fundamental shift in the relationship between employers and unions that many organisations are not yet prepared for.

The framework, which Angie walked the group through in detail, is structured and time-pressured. Once a union submits a formal access request, employers have 15 working days to respond. A 25-working-day negotiation window follows. If agreement cannot be reached, either party can refer the matter to the Central Arbitration Committee, which has the authority to impose terms and enforce compliance, with financial penalties starting at £75,000 and escalating to £150,000 and then £500,000 for repeated breaches under the same agreement.

Critically, the system operates with a presumption in favour of access. A blanket refusal on the basis that an organisation is non-union, or that no workers have requested union contact, will not be sufficient grounds to resist a request. The question for most employers will not be whether access is granted, but on what terms.

What this means for property businesses specifically

The property sector presents a number of particular challenges in the context of these new access rights. Many businesses operate across multiple sites, third-party premises, or with dispersed and hybrid workforces, each of which carries its own set of practical and legal considerations.

For multi-site groups, each individual workplace may require its own access request and agreement, though precedent set in early negotiations will carry significant weight across the portfolio. Employers who operate from third-party premises should review their lease and client-site agreements now, as landlords and premises controllers may also face consequences if they obstruct access.

For those managing hybrid or remote teams, digital access will be particularly relevant. The draft Code of Practice makes clear that this does not require employers to grant unions access to internal systems. The starting position is indirect access, where the employer facilitates communication through existing channels, and direct contact with workers requires their explicit consent before personal details are shared.

The key message from Angie was unambiguous: the time to prepare is now, before a request arrives. That means nominating a central owner for union access queries with the authority to coordinate across HR, legal, operations and site management. It means mapping access points across the estate, reviewing visitor protocols and digital communication channels, and having draft access arrangements prepared for each workplace. It also means briefing senior leadership, as this is a compliance matter and organisations need a controlled and consistent response posture from the outset.

Looking at the roadmap for the Employment Rights Bill 2026

The October 2026 changes are significant, but they are not the final destination. The Omny Law Employment Rights Act 2025 Roadmap, shared with all attendees this morning, sets out a further wave of changes anticipated from 2027 onwards.

Among the most impactful: zero-hours contract workers will gain new protections, including rights to guaranteed hours and reasonable notice of shifts. Flexible working rights will be strengthened, with employers required to provide clear, explained justification for any refusals. Enhanced dismissal protections for pregnant women and new mothers will be introduced. Gender pay gap reporting and menopause action plans will become mandatory rather than voluntary. And the qualifying period for unfair dismissal protection is expected to reduce significantly, from two years to just six months, while compensatory award caps are removed entirely.

The pace and breadth of this legislative programme means that reactive responses are no longer sufficient. HR teams that build the infrastructure to absorb and implement these changes proactively will be far better positioned than those who wait for deadlines to force action.

The value of deverellsmith's HR community in Real Estate

One of the most consistent themes from our roundtable series is that the conversation around the table is as valuable as the expert input. This morning was no exception. HR and People leaders from across residential, build-to-rent, commercial, and property management businesses were sharing experiences, challenging assumptions, and stress-testing their own approaches against those of their peers, in real time, with an employment law expert in the room.

That combination of expert guidance and peer exchange is precisely what deverellsmith aims to create through its HR and People events programme. The legislative environment is complex and evolving quickly, but organisations that invest in staying ahead of it and in building the kind of cultures that reflect the intent behind these changes will be better placed to attract, retain, and develop the talent they need in an increasingly competitive market.

We are grateful to Angie Crush and the team at Omny Law for delivering such a clear, practical, and genuinely useful session. The Employment Rights Act 2025 Roadmap will be shared with all attendees. If you would like to be included in future events, or would like to discuss how these changes may affect your organisation, please do not hesitate to get in touch.