In This Guide
What Is Changing?
Section 25 of the Employment Rights Act 2025 will reduce the qualifying period for protection against "ordinary" unfair dismissal from two years to six months. This is a seismic change: for over a decade, employees have needed two full years of continuous service before gaining the right to challenge an unfair dismissal at an employment tribunal.
The Act also reduces the qualifying period for employees' right to request written reasons for dismissal from two years to six months (Schedule 3). If your employer sacks you and refuses to explain why, you'll be able to demand a written explanation after just six months of service.
Key Legal Detail
The Act will also remove the power to vary the qualifying period further without primary legislation. This means future governments cannot simply extend it back to two years via secondary legislation — it would require a full Act of Parliament.
Additionally, Schedule 3 removes the qualifying period for protection against unfair dismissal for reason of spent convictions. This means employees with rehabilitated criminal records will have day one protection against dismissal on that basis.
Who Benefits? 6.3 Million Workers
According to the government factsheet, around 6.3 million employees (22% of all employed people aged 16+) have been working with their current employer for between six months and two years. Under existing law, these workers have only very limited protection against unfair dismissal.
6.3m
Workers gaining new protection
22%
Of all employed 16+ in the UK
~40%
Of businesses already use ≤6 month probation
The government notes that around 40% of businesses already operate discretionary probationary periods, and the vast majority of these are six months or less. This means many employers already treat six months as a natural assessment point — the law is now catching up.
Why 6 Months, Not Day One?
The factsheet explains: the government's programme of tripartite collaboration with business groups and trade unions agreed that a six-month qualifying period "is a workable deal for both employers and employees alike." It places Britain's protections "amongst the strongest in the world" whilst ensuring employers retain the ability to assess new recruits during their first months.
Already Been Dismissed?
If you've been sacked and think it was unfair, don't wait for the new law. Belonge can assess your case under current legislation, including day one protections.
When Does It Take Effect?
The government intends to commence the unfair dismissal changes on 1 January 2027. The approach will be:
From 1 January 2027
Employees who already have six months' service or more will gain immediate protection against ordinary unfair dismissal.
After 1 January 2027
Other employees will gain protection once they reach six months' service. If you started a new job in October 2026, you'd be protected from April 2027.
Important: Current Law Still Applies Until Then
Until 1 January 2027, the two-year qualifying period still applies for ordinary unfair dismissal claims. If you're dismissed before that date, you need 2 years' continuous service (unless your dismissal is automatically unfair — see below). Don't wait for the new law if you have a live issue.
The government has confirmed it does not intend to consult further on these provisions. The factsheet states: "These measures are the conclusion of a series of constructive, government-convened conversations between trade unions and business representatives, and follow rigorous parliamentary debate."
How the New 6 Month Period Works in Practice
Under the new rules, after six months of continuous employment, your employer must have a potentially fair reason for dismissing you. The five fair reasons remain unchanged:
1. Capability or Qualifications
You can't do the job to the required standard, or lack necessary qualifications
2. Conduct
Misconduct or gross misconduct such as theft, violence, or serious insubordination
3. Redundancy
The role genuinely no longer exists or the business is closing
4. Statutory Restriction
Continuing to employ you would breach the law, for example if a delivery driver lost their driving licence
5. Some Other Substantial Reason (SOSR)
A catch all category covering situations like personality clashes damaging the business, or refusal to accept new terms
Crucially, the employer must also follow a fair procedure (as described in the ACAS Code of Practice on Disciplinary and Grievance Procedures). Even with a fair reason, a dismissal can be unfair if the employer didn't investigate properly, didn't give you a chance to respond, or didn't consider alternatives.
How Belonge Helps You Challenge an Unfair Dismissal
If you've been dismissed and believe it was unfair, Belonge guides you through every step:
Day One Rights: What's Already Protected (Unchanged)
The factsheet confirms: "The Employment Rights Act 2025 does not change the current existing day one protections against discrimination and automatically unfair grounds for dismissal."
This means the following protections apply from your very first day of employment — no qualifying period needed:
Don't Assume You Need 2 Years
Many people wrongly believe they can't make a claim because they haven't been employed for 2 years. If your dismissal relates to any of the day one rights above, you can claim regardless of service length. Use Belonge's free assessment to check.
"I was told by HR I couldn't claim because I'd only been there 8 months. Belonge showed me it was pregnancy discrimination, a day one right. I won £18,000."
Priya, Birmingham
Pregnancy discrimination claim
What You Should Do Now
Whether the new law applies to you yet or not, here's what Belonge recommends:
Check your service dates
Calculate your exact continuous employment start date. This determines whether you qualify under current or future rules.
Identify your claim type
Many claims don't need any qualifying period at all (discrimination, whistleblowing, wages). Don't dismiss your options.
Start documenting now
If you're experiencing problems at work, begin recording incidents with dates, witnesses, and exact words used. Evidence collected in real time is far more persuasive.
Know your deadline
Acas states that time limits for employment tribunal claims increased from 3 months to 6 months on 1 October 2026. The 3 month limit may still apply to problems that started before 1 October 2026. Check your deadline early and seek advice. Miss this and your claim is almost certainly time-barred.
Use Belonge's free assessment
In 5 minutes, our AI analyses your situation against UK employment law and tells you whether you have a potential claim, which type, and your deadline.
Belonge Tracks the Law for You
Employment law changes constantly. Belonge stays updated so you don't have to:
Frequently Asked Questions
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