The change on 1 January 2027
The Employment Rights Act 2025 cuts the qualifying period for ordinary unfair dismissal from 2 years to 6 months. What matters is your effective date of termination, not when you started or when you were told. If that date is on or after 1 January 2027 and you have at least 6 months' continuous employment, you can claim.
This matters for anyone dismissed in late 2026. If you are given notice in December and the notice runs into January, your employment ends in January and the 6-month rule applies.
Dismissals that need no qualifying service
Some reasons for dismissal are automatically unfair, and you can claim from your first day. They include dismissal because you:
- blew the whistle (made a protected disclosure)
- are pregnant, took maternity, paternity, adoption or shared parental leave, or asked for time off for dependants
- raised a health and safety concern
- asserted a legal right, such as asking for the minimum wage, holiday pay or a written statement
- were a trade union member or took part in union activities
- asked about or used flexible working rights
Discrimination claims also need no qualifying service. If you were dismissed because of race, sex, disability, age, religion or belief, sexual orientation, pregnancy, gender reassignment or marriage, you can bring a discrimination claim whatever your length of service.
How continuous employment is counted
Your service usually runs from the first day of your contract to the effective date of termination. If you were dismissed without the notice you were entitled to, the law can add your statutory minimum notice (one week if you have worked less than 2 years) when working out whether you have enough service. That one week can make the difference.
Gaps between contracts, agency work and a change of employer through a TUPE transfer can all affect continuity, so check these points if your service is close to the line.
What to do now
- Write down your start date and the date your employment ended or will end.
- Keep your contract, payslips and the dismissal letter.
- Ask for written reasons for dismissal. You are entitled to them once you have the qualifying service.
- Check your tribunal time limit and contact Acas in time.