Unfair dismissal rights after six months: an employer guide

The upcoming six-month unfair dismissal rule is a reason to improve how you recruit, set expectations and address performance—not to rush decisions before a deadline. A fair process and clear records matter at every stage of employment.

The change is part of the Employment Rights Act 2025. The government's published timeline says most employees in Great Britain will be able to claim ordinary unfair dismissal after six months from 1 January 2027. Northern Ireland has separate employment law, so employers with staff there should check the relevant rules rather than assume the Great Britain timetable applies.

What is changing, and when?

At present, most employees in Great Britain usually need two years’ service to bring an ordinary unfair dismissal claim. From 1 January 2027, the qualifying period is scheduled to become six months for dismissals on or after that date. The change does not remove existing day-one protections, including protection against discrimination and automatically unfair reasons for dismissal.

The key date is when the employment ends, not when a manager first raises a concern or starts a review. If a process runs across the implementation date, check the employee’s service and the rules in force before deciding what to do.

Does this mean probation should be six months?

Not automatically. There is no statutory probation length. An employer may set a probation period that fits the role, provided the contract and process are clear. A shorter probation period does not remove employment rights or make a dismissal automatically fair. A six-month probation period may also leave little time to assess, give feedback and make a considered decision before the new qualifying period is reached.

Set realistic review dates at the start, explain the standards expected and raise concerns early enough for the employee to respond and improve where appropriate. If an extension is possible under the contract, explain the reason and the revised review date in writing.

Practical steps for employers

1. Review recruitment and role design. Make sure job descriptions, selection criteria and interview decisions are clear and recorded. Set expectations that can be assessed fairly once someone starts.
2. Check employment contracts and probation terms. Confirm the probation length, notice arrangements, review process and any permitted extension are accurate and consistently used.
3. Train managers in regular feedback. Give managers a simple structure for one-to-ones, objective records, support plans and raising performance concerns promptly.
4. Use a fair process when concerns arise. Establish the facts, tell the employee what the concern is, allow them to respond, consider relevant evidence and explain the decision. The appropriate process depends on the circumstances and any contractual or policy requirements.
5. Check for protected rights and individual circumstances. Discrimination protections and some automatically unfair dismissal rights apply from day one. Consider disability and reasonable adjustments, pregnancy, family leave, whistleblowing and other relevant protections before acting.
6. Keep timely, proportionate records. Record objectives, feedback, support offered, the employee’s response and the reasons for a decision. Store records securely and retain them in line with your data policies.

What makes a dismissal fair?

Eligibility to bring a claim and whether a dismissal is fair are separate questions. A qualifying period does not make every dismissal after six months unfair, and it does not mean dismissals before then are automatically safe. Discrimination and certain automatically unfair dismissal protections can apply from day one. A tribunal considers the legal test and circumstances, including the employer’s reason and how it handled the decision.

Get advice before dismissal where there is a grievance, a possible protected reason, inconsistent treatment or a complicated performance history. A clear process helps the employer make a better decision and explain it.

Employer checklist ahead of January 2027

• Map probation and review points across the employee lifecycle.
• Update manager training and performance documentation.
• Check notice, contract terms and dismissal procedures.
• Make sure staff know when to seek HR advice.
• Review current guidance before relying on a qualifying period.

For current rules, read the GOV.UK eligibility guidance for unfair dismissal and Acas’s Employment Rights Act 2025 overview. For a fairer start-to-finish process, read our guide to managing probation periods. We can help review probation arrangements and support managers with performance or dismissal processes. Use the consultation form below to talk to our HR team.