When does the unfair dismissal qualifying period change to six months?
The qualifying period for ordinary unfair dismissal claims falls from two years to six months on 1 January 2027. The new rule applies wherever the effective date of termination is on or after 1 January 2027, even if notice was given earlier. The cap on unfair dismissal compensatory awards is removed from the same date.
What changes on 1 January 2027
Section 25 of the Employment Rights Act 2025 replaces the two-year qualifying period in the Employment Rights Act 1996 with six months. Commencement regulations made in 2026 bring it into force on 1 January 2027. The GOV.UK timeline notes that future dates remain subject to parliamentary processes.
The government intends that employees who already have six months' service on that date are protected straight away. Others gain protection once they reach six months.
- The qualifying period for requesting written reasons for dismissal also falls to six months
- The cap on compensatory awards is removed; GOV.UK gives the cap from 6 April 2026 as the lower of £123,543 or 52 weeks' gross pay
- The qualifying period can only be changed again by primary legislation
Watch the effective date of termination
The transitional rules look at the effective date of termination, not the date notice is given. An employee given notice in December 2026 whose employment ends in January 2027 is covered by the new six-month rule. Employers should consider this when planning dismissals in late 2026.
What does not change
Existing day-one protections stay in place. The Act does not change existing day-one protection against automatically unfair dismissal or discrimination. The new rules apply to employees, not to workers.
The law
“in subsection (1), for “two years” substitute “six months”…”
“do not have effect in any case where the effective date of termination falls before 1st January 2027…”
Sources
- Factsheet: Unfair Dismissal · GOV.UK
- Plan to Make Work Pay and Employment Rights Act: timeline update · GOV.UK
- Employment Rights Act 2025 · Acas
General information for employers in Great Britain, not legal advice. Check the official sources for your situation.
- Six-month qualifying period and uncapped compensatory awards for dismissals with an effective date of termination on or after this date
Future dates are expected dates and depend on Parliament.
What employers can do
- List employees who will have six months' or more service on 1 January 2027
- Review probation periods and make sure reviews happen well before six months
- Check notice dates for any dismissals planned for late 2026
- Apply a fair, documented procedure for every employee with six months' service
- Train managers on documenting performance and conduct concerns early
Recent tribunal decisions on this topic
Tribunal tracker- Parravox Ltd (In Voluntary Liquidation) Breach of contractTransfer of undertakingsUnfair dismissal Read the decision involving Parravox Ltd (In Voluntary Liquidation) on GOV.UK
- K.T.C (Edibles) Ltd Public interest disclosureRace discriminationUnfair dismissal Read the decision involving K.T.C (Edibles) Ltd on GOV.UK
- Kerry Ingredients (UK) Ltd Race discriminationUnfair dismissal Read the decision involving Kerry Ingredients (UK) Ltd on GOV.UK
Being listed does not mean a claim succeeded. Read the decision for the outcome; decisions can be reconsidered or appealed. If a listing concerns you, or a decision has since been anonymised or removed, tell us and we will review it and remove it where appropriate.
Related answers
- How should probation periods work? There is no legal requirement to have a probation period, and it can be any length. Acas recommends clear written expectations, regular reviews, support to improve, extension where appropriate, and a fair procedure before any dismissal. Day-one rights such as protection from discrimination apply throughout, and the unfair dismissal qualifying period is expected to fall to 6 months from 1 January 2027.
- What is a fair disciplinary procedure? In Great Britain, a fair disciplinary procedure follows the Acas Code of Practice: investigate to establish the facts, tell the employee about the problem in writing, hold a meeting where they can respond, allow them to be accompanied, decide and confirm the outcome in writing, and offer an appeal.
- What is changing under the Employment Rights Act 2025, and when? The Employment Rights Act 2025 is being brought in by phases. Day-one paternity and parental leave, sick pay changes and six-month tribunal time limits already apply. Next come the stronger harassment duties on 30 October 2026, a six-month unfair dismissal qualifying period from 1 January 2027 and fire and rehire protections in March 2027. Future dates remain subject to Parliament.