Unfair dismissal qualifying period

As of 23 October 2026, you usually need two years’ service as an employee to bring an ordinary unfair dismissal claim. The Employment Rights Act 2025 cuts that to six months. The government’s timeline, updated on 22 October 2026, lists the change under measures that take effect on 1 January 2027, together with the removal of the cap on compensatory awards.

The rule today

Acas says to claim unfair dismissal at an employment tribunal you usually need the legal status of employee and two years of working for your employer. Agency workers, casual workers and people on zero-hours contracts are less likely to be employees, which is why status is the first thing to check.

The two-year rule matters in the public sector because many staff move between trusts, councils, schools and agencies. Gaps and changes of employer can affect whether your service counts as continuous. Our continuous service guide explains which moves count.

What is changing

On gov.uk’s timeline, two linked changes sit under 1 January 2027: the qualifying period falls to six months, and compensatory awards are uncapped. The page does not give a cap figure, and does not say how the date applies to dismissals either side of it. It also says every future date depends on parliamentary process and may change.

Acas’s unfair dismissal page says protection from unfair dismissal will become a right after six months in a job, and that this is a planned change that is not yet law.

Check gov.uk close to the date before relying on the six-month right. If you were dismissed recently, or expect to be, speak to Acas, your union or a solicitor about which rule covers your dismissal date.

Claims that need no service

Some claims have no minimum service, now or later. Acas says no two-year requirement applies to automatically unfair dismissal, to discrimination claims, or to dismissal because of political opinion. Claims for wrongful dismissal, which is a breach of contract usually about notice, do not depend on length of service either.

gov.uk lists dismissals that are likely to be unfair, including dismissal for:

• requesting flexible working
• refusing to give up working time rights such as rest breaks
• resigning with the correct notice period
• joining a trade union
• taking part in lawful industrial action lasting 12 weeks or less
• taking jury service
• taking or being entitled to maternity, paternity or adoption leave
• whistleblowing

Our guides on discrimination and whistleblowing cover two of the routes that need no service.

Fair and unfair reasons

Even with enough service, a claim only succeeds if the dismissal was unfair. gov.uk says a dismissal may be unfair if the employer does not have a good reason, or does not follow its formal disciplinary or dismissal process. Acas names misconduct and capability as examples of reasons that should follow the Acas Code of Practice, and says a dismissal may be unfair if there was no fair reason or the reason was not enough to justify dismissal. Our disciplinary guide covers the process.

Written reasons

gov.uk says that if you are an employee with two years’ service, you can ask your employer for a written statement of the reasons for your dismissal, and it must be provided within 14 days.

Time limits and conciliation

gov.uk says you usually have to make a tribunal claim within six months of the problem happening, or within three months for problems before 1 October 2026. You will usually need an early conciliation certificate from Acas first. Acas’s own unfair dismissal page still gives a three-month limit, so confirm your deadline with Acas before relying on a date. See tribunal time limits and early conciliation.

Other changes to follow

Fire and rehire protections are listed for March 2027, and a change to the collective redundancy threshold for April 2027. Guaranteed hours have no date yet. Our Employment Rights Act 2025 guide follows the full timeline, and the fire and rehire guide covers the issue now.