Unfair Dismissal Qualifying Period 2027: 6-Month Rule

Quick answer: The unfair dismissal qualifying period 2027 rule means that from 1 January 2027, employees can bring an ordinary unfair dismissal claim after six months' continuous service instead of two years. It covers existing staff, so anyone employed on or before 1 July 2026 is protected from 1 January 2027, and the compensation cap is removed.

Key takeaways

From 1 January 2027 the qualifying period for ordinary unfair dismissal claims falls from two years to six months.
The change covers existing employees, so anyone who started on or before 1 July 2026 is protected from 1 January 2027.
The cap on the compensatory award for unfair dismissal is removed on the same date.
A longer or extended probation period does not delay your statutory protection after six months.
Most workers now have six months, not three, to start an employment tribunal claim for issues arising from 1 October 2026.

Last updated: 10 October 2026

The unfair dismissal qualifying period 2027 change is a major change to UK workplace rights. From 1 January 2027, most employees will be able to bring an ordinary unfair dismissal claim once they have six months of continuous service with their employer, rather than the two years needed today. The change comes from the Employment Rights Act 2025, which became law on 18 December 2025, and it also scraps the limit on compensation for unfair dismissal.

Most coverage of this reform is written for HR teams. This guide looks at it from the other side of the desk: what it means if you have recently started a job, are on probation, or are worried about losing your role in the next few months.

What is the unfair dismissal qualifying period 2027 rule?

From 1 January 2027 the qualifying period is six months of continuous employment. Until 31 December 2026, the old two-year threshold still applies to ordinary unfair dismissal claims.

Unfair dismissal is the legal right not to be sacked without a fair reason and a fair process. Before you can use that right in an ordinary case, you must have worked for the same employer for a minimum length of time. The Advisory, Conciliation and Arbitration Service (Acas) confirms that on 1 January 2027 this minimum drops to six months.

The Labour Government first planned to make unfair dismissal protection a right from day one of a job. It later settled on six months after what the law firm Mishcon de Reya describes as a "series of constructive conversations" between unions and business groups. The 2025 Act also removes the power for ministers to change the qualifying period through secondary legislation, so a future government wanting a longer period would need a new Act of Parliament.

Does the 6-month rule apply to people already in work?

Yes. The unfair dismissal qualifying period 2027 rule covers existing staff as well as new starters, so anyone who has six months' service on 1 January 2027 is protected from that date.

In practice, if your continuous employment began on or before 1 July 2026, you will already have the six months you need when the law changes. Here is how different start dates work out:

Started 1 March 2025: 22 months' service by the end of 2026, so protected from 1 January 2027 (no need to wait until March 2027).
Started 1 March 2026: 10 months' service by the end of 2026, protected from 1 January 2027.
Started 1 May 2026: eight months' service on 1 January 2027, protected from that date.
Started 1 July 2026: exactly six months by 31 December 2026, protected from 1 January 2027.
Started 1 October 2026: only three months by the end of 2026, so protection begins on 1 April 2027.

The government's own economic analysis, published in January 2026 and summarised by Mishcon de Reya, puts the number of employees who have worked for their present employer for more than six months but under two years at around 6.3 million. That group gains protection it does not have today.

What changes on 1 January 2027 for unfair dismissal?

Under the unfair dismissal qualifying period 2027 reform, two things change on the same day: the qualifying period falls to six months and the cap on the compensatory award is removed.

Earlier protection. After six months, your employer will need a fair reason and a fair procedure to dismiss you, in the same way as for someone with long service today.
No upper limit on compensation. At present the compensatory award for ordinary unfair dismissal is capped at either 52 weeks' gross pay or a statutory maximum, whichever is lower. Acas confirms that this limit goes from 1 January 2027.
Which dismissals count. The new rules apply to dismissals taking effect on or after 1 January 2027. The date used can be pushed later by statutory notice (see below), so it is not always the day you were told you were going.

Other changes from the same Act also land in January 2027, according to Acas. In most cases, dismissing staff and taking them back on worse terms (often called "fire and rehire") will be treated as automatically unfair, and employers must start informing staff that they are entitled to join a union.

Can I be dismissed during my probation period?

Yes, but under the unfair dismissal qualifying period 2027 rules, being on probation does not stop you gaining unfair dismissal rights once you pass six months' service. Probation is a contract term, while unfair dismissal protection comes from statute, and the statutory rule wins.

If your employer runs a 12-month probation, for example, you will gain full unfair dismissal protection halfway through it from January 2027. An extended probation makes no difference to when your statutory rights begin. Law firm Mishcon de Reya, for example, advises employers to shorten probation to four or five months so that decisions are made before the six-month point, so you may see new contracts with shorter probation reviews.

There is also a notice detail that can work in your favour. Once you have one month's service you are entitled to at least one week's statutory notice. If your employer dismisses you without that notice, your service is treated as running until the date the notice would have ended, which can carry you past six months. This extension does not apply where the dismissal is for genuine gross misconduct.

Which dismissals are likely to be unfair?

Some reasons for dismissal, such as whistleblowing or dismissal linked to maternity leave, are automatically unfair from day one whatever your length of service, and that stays the same after 2027.

GOV.UK lists situations where a dismissal is likely to be unfair, including if you:

asked for flexible working;
joined a trade union;
needed time off for jury service;
applied for, or were on, maternity, paternity or adoption leave;
exposed wrongdoing at work (whistleblowing);
refused to give up working time rights, such as rest breaks.

You may also have a claim for constructive dismissal if your employer's serious conduct, such as not paying you or demoting you without reason, forces you to resign.

How long do I have to make a claim?

For most problems that arise on or after 1 October 2026, you now have six months to start a claim, up from three months.

Acas explains that the employment tribunal time limit rose to six months on 1 October 2026, although the old three-month limit may still apply if the problem began before that date. You normally start with Acas early conciliation before a tribunal claim. Our earlier guide, Employment Tribunal Time Limits: The New 6-Month Rule Explained, covers this step in more detail.

Does the change apply across the whole UK?

Not necessarily. The dates in this guide come from the Employment Rights Act 2025 and Acas guidance, and Northern Ireland has its own employment rules and tribunal system.

GOV.UK notes that Northern Ireland uses a statutory minimum dismissal procedure, and nidirect explains that unfair dismissal claims there go to an Industrial Tribunal. If you work in Northern Ireland, check nidirect for the rules that apply to you rather than assuming the January 2027 dates are the same.

Common mistakes workers make

The new unfair dismissal qualifying period 2027 rules only help if you know how to use them. Watch out for these errors:

Counting from the wrong date. Your service usually runs from your first day of employment, not the end of training or a change of job title. Check your contract and payslips.
Assuming probation means no rights. After six months from January 2027, the label "probation" does not remove protection.
Waiting too long. Even with six months to act, gathering emails, appraisals and meeting notes early makes any claim stronger.
Resigning in anger. If you are thinking about constructive dismissal, take advice quickly, because GOV.UK warns that staying on may be treated as accepting your employer's conduct.

What this means for you

The unfair dismissal qualifying period 2027 change brings your protection forward by 18 months. If you started your current job on or before 1 July 2026, mark 1 January 2027 in your diary: from that date your employer needs a fair reason and a fair process to dismiss you. If you started later, work out the date you reach six months' service. Ask for written feedback during probation, keep copies of reviews, and contact Acas for free advice if a dismissal feels unfair.

Jobseekers should also expect firmer probation reviews. Mishcon de Reya warns that some employers may become more cautious about hiring, so a strong CV and a well-prepared interview matter more than ever.

Related reading on Jobsiz: Employment Tribunal Time Limits: The New 6-Month Rule Explained; Third Party Harassment October 2026: New UK Rules; and Non-Compete Clause UK: Burnham Confirms New Law.

Frequently asked questions

When does the 6-month unfair dismissal rule start?

The unfair dismissal qualifying period 2027 rule starts on 1 January 2027. It applies to dismissals taking effect on or after that date. Until 31 December 2026, ordinary unfair dismissal claims still need two years' continuous service.

Will I be protected if I started my job in 2026?

If your continuous employment began on or before 1 July 2026, you will have six months' service by 1 January 2027 and will be protected from that date. If you started later, you gain protection once you complete six months, for example 1 April 2027 for a 1 October 2026 start.

Is unfair dismissal compensation capped after 2027?

No. From 1 January 2027 the cap on the compensatory award for unfair dismissal is removed. Today the award is limited to 52 weeks' gross pay or a statutory maximum, whichever is lower.

Can my employer extend my probation to avoid the new rule?

No. Probation is a contract term and does not delay statutory rights. From January 2027 you gain unfair dismissal protection at six months' service even if your probation period is longer or has been extended.

Is unfair dismissal now a day-one right?

Not for ordinary claims. The government originally planned day-one protection but changed it to a six-month qualifying period. Some reasons, such as whistleblowing or dismissal linked to maternity leave, are already automatically unfair from day one.

How long do I have to bring an unfair dismissal claim?

For most issues arising on or after 1 October 2026, you have six months to start a claim, up from three months. You usually begin with Acas early conciliation before going to an employment tribunal.

Sources

This article was compiled by Jobsiz from the sources listed above, with AI-assisted writing and automated fact-checking. Published 10 October 2026. We update stories when new verified information becomes available.

Unfair Dismissal Qualifying Period 2027: The 6-Month Rule