Unfair Dismissal in the UK: Qualifying Period, Rights and the 2027 Changes

Unfair dismissal is a distinct legal claim in the UK, separate from wrongful dismissal (a breach-of-contract claim, usually about notice). It asks whether an employer had a fair reason to dismiss and followed a fair process — and, right now, whether the employee had worked there long enough to claim it at all. That last question is about to change. The UK is in the middle of the biggest reform to unfair dismissal rights in over a decade, and getting the timing right matters: publishing the future rule as if it already applies would simply be wrong.

The Rule That Applies Today

Under the current law, most employees need two years of continuous service with their employer before they can bring an ordinary unfair dismissal claim to an Employment Tribunal. This two-year qualifying period has been in place since April 2012. If you have less than two years of service and none of the "automatically unfair" exceptions below apply to your situation, you generally cannot bring this specific claim today — though you may have other options, such as a discrimination or breach-of-contract claim.

What Changes on 1 January 2027 — And What Doesn't Yet

The Employment Rights Act 2025 reduces the qualifying period from two years to six months. According to Acas, this change is expected to take effect from January 2027 and is not yet in force. Anyone continuously employed on or before 1 July 2026 will already have accrued six months' service by the time the new rule starts, meaning many current employees will move straight into the new, shorter qualifying period once it commences. The same reforms are also expected to remove the current cap on unfair dismissal compensation. Because this is a live legislative transition, always check the current commencement date on gov.uk or Acas before relying on either the "two years" or "six months" figure for a specific decision.

Dismissals That Are Unfair From Day One

Regardless of the qualifying period — today or after the 2027 change — certain dismissals are treated as automatically unfair without any minimum service requirement. These commonly include dismissal for:

• whistleblowing (making a protected disclosure);
• pregnancy or taking family leave such as maternity, paternity, or parental leave;
• asserting a statutory employment right, such as the right to the National Minimum Wage or to request flexible working;
• trade union membership or activities.

These day-one protections exist independently of the qualifying-period debate and are unaffected by the 2027 change.

What Makes a Dismissal Fair

Where the qualifying period is met, an employer must show both a potentially fair reason for dismissal — conduct, capability, redundancy, a legal restriction, or "some other substantial reason" — and that it acted reasonably in treating that reason as sufficient, which usually means following a fair process: a genuine investigation, a chance for the employee to respond, and a right of appeal. A dismissal can be unfair either because the underlying reason wasn't good enough or because the process was flawed, even where the reason itself was sound.

How a Claim Actually Proceeds

1. Early conciliation: before filing a tribunal claim, an employee must notify Acas, which offers free, confidential conciliation to try to resolve the dispute without a hearing.
2. Tribunal claim: if conciliation doesn't resolve it, the employee can file an Employment Tribunal claim, generally within three months less one day of the dismissal — a short deadline that is strictly enforced.
3. Hearing and remedy: if the claim succeeds, the tribunal can order reinstatement, re-engagement, or — far more commonly — compensation, currently made up of a basic award and a compensatory award.

Sources & Further Reading

• Acas — guidance on unfair dismissal qualifying periods and the Employment Rights Act 2025 reforms
• GOV.UK — Employment Rights Act 2025 and dismissal guidance for employers and employees
• UK Employment Tribunal procedural rules, for time limits and claim procedure

Practical Next Steps

If you've been dismissed and are unsure whether you qualify, the safest first step is contacting Acas for free early guidance — they can confirm the current position and the applicable time limit for your specific dates of employment. Because the qualifying period is changing on a fixed future date, an employee close to either threshold should get their exact service dates checked rather than relying on a rule of thumb. For the general, worldwide picture of what makes a dismissal unlawful, see When Is a Dismissal Considered Wrongful Termination?

This article is general legal information, not legal advice, and reflects the law as understood at the time of writing during an active legislative transition. Confirm the current qualifying period and any commencement dates with Acas or gov.uk before acting, and consult a solicitor for advice on your specific situation.