Unfair dismissal qualifying period: two years drops to six months

For as long as most people can remember, you have needed two years' continuous service before you could bring an ordinary unfair dismissal claim. That rule has decided more cases than any tribunal judge: get dismissed at 23 months and, however unfair it was, there was usually no claim to bring. The Employment Rights Act 2025 ends that. From 1 January 2027 the qualifying period drops to six months, and from October 2026 the time limit for bringing most tribunal claims doubles as well. Together these are the biggest changes to individual employment rights in a generation.

What is the unfair dismissal qualifying period?

The qualifying period is the length of continuous service you need with your employer before you can bring an ordinary unfair dismissal claim. It is currently two years. "Continuous" means unbroken employment with the same employer, and certain absences - holidays, sickness, maternity leave - do not break it.

Until the change takes effect, if you are dismissed with less than two years' service you generally cannot claim ordinary unfair dismissal, however poor the reason or the process. That has made the first two years of a job a legal grey zone where employers could dismiss with relative freedom.

What changes on 1 January 2027

Under section 25 and Schedule 3 of the Employment Rights Act 2025, brought into force by the Employment Rights Act 2025 (Commencement) Regulations 2026 (SI 2026/559), the qualifying period for ordinary unfair dismissal falls from two years to six months for dismissals taking effect on or after 1 January 2027.

In practice that means someone who started a job in July 2026 will qualify for full unfair dismissal protection almost as soon as the new rule begins. The two-year rule is not being abolished outright in the way originally proposed - day-one unfair dismissal rights were dropped during the Bill's passage - but six months is a fraction of the current threshold.

Crucially, it is the date of dismissal that matters, not the date you bring your claim. If your employment ends in December 2026, the old two-year rule applies to you even if you submit your claim in 2027.

Claims that have never needed two years' service

The qualifying period only ever applied to ordinary unfair dismissal. Some claims can be brought from the first day of employment, and that remains the case:

• Automatically unfair dismissals - for example dismissal connected to pregnancy or maternity, whistleblowing, health and safety activities, or asserting certain statutory rights such as the right to be paid the minimum wage.
• Discrimination claims under the Equality Act 2010 - covering sex, race, disability, age, religion or belief, sexual orientation, pregnancy and maternity, marriage and civil partnership, and gender reassignment. These have no service requirement at all.
• Breach of contract and wrongful dismissal claims, where the issue is usually notice pay rather than fairness.

If you were dismissed with short service, it is worth taking advice before assuming you have no claim - the facts often fit one of these day-one categories. Our unfair dismissal compensation guide explains what claims can be worth.

Six months to claim, not three - from 1 October 2026

The second change arrives even sooner. From 1 October 2026, the time limit for bringing most employment tribunal claims doubles from three months less one day to six months. The longer limit applies where the act complained of happens on or after that date. Our guide to tribunal time limits covers the detail, including why ACAS early conciliation still matters and why waiting remains risky even with the longer window.

What this means if you are an employee

• Dismissed before 1 January 2027 with under two years' service: the current two-year rule applies, but check whether a day-one claim (discrimination or automatic unfair dismissal) fits your facts.
• Dismissed on or after 1 January 2027: you need only six months' service for an ordinary unfair dismissal claim.
• Whatever your service length, act quickly: appeal internally, keep emails, messages and notes of meetings, and start ACAS early conciliation promptly.

The practical effect is that far more dismissals will be challengeable. If you have been dismissed and are unsure where you stand, a short conversation with a specialist is usually enough to tell you whether there is a claim worth pursuing.

What this means for employers

Employers lose the comfort of the two-year buffer. Probationary dismissals, which were relatively low-risk, will carry real tribunal exposure from 2027 onwards. Sensible employers are already tightening their early-employment processes: proper probation reviews, documented performance concerns, and fair procedures even for short-service staff. Taking advice before dismissing anyone - however new - becomes the cheaper option.

Get advice on where you stand

Whether you are an employee who has been dismissed or an employer planning ahead for the changes, specialist advice early on makes the difference. Start a free enquiry and we will match you with an employment solicitor who can assess your position, or read our complete guide to employment tribunals first.