Unfair Dismissal: The Six-Month Rule is Coming

Qualifying Period for Unfair Dismissal Slashed

In one of the most significant reforms of the Employment Rights Act 2025, the qualifying period for an employee to be protected from unfair dismissal will be dramatically reduced from two years to just six months. This change will take effect from 1 January 2027 and will apply retrospectively.

Is Your Business Ready for the Biggest Shift in Employment Law?

What's New?

  • Six-Month Qualifying Period: Employees will gain the right to bring an unfair dismissal claim after only six months of service.

  • Retrospective Application: On 1 January 2027, any existing employee with six months' service will automatically gain unfair dismissal rights overnight.

  • Removal of Compensation Caps: The Act will also remove the cap on the basic award for unfair dismissal claims, increasing the financial risk for employers.

This hugely increases the risk for employers. The flexibility to dismiss underperforming staff within the first two years of employment will be gone. Instead, you will have just six months to assess a new employee's suitability.

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How to Prepare

  • Review Your Probationary Period Procedures: Your six-month probation review will become your last chance to dismiss for poor performance without facing a potential unfair dismissal claim. Your processes must be robust and decisive.

  • Train Your Line Managers: Managers must be equipped to performance manage new starters effectively from day one and make tough decisions within the six-month window.

  • Update Disciplinary and Dismissal Policies: Ensure your procedures are fair, consistent, and can withstand the scrutiny of an employment tribunal.

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Protect Your Business from Unfair Dismissal Claims

The new six-month rule for unfair dismissal requires a fundamental shift in how you manage new employees. CIPD HR-inform Pro provides the compliant contracts, robust performance management workflows, and expert advice you need to navigate this new landscape and minimise your legal risk.

Employment Rights Act 2025 Download a summary

After more than a year of debate, the Employment Rights Bill became law on 18 December 2025 as the Employment Rights Act 2025. This is the biggest shake-up of employment law in a generation, with over 28 changes rolling out between December 2025 and into 2027. While this phased approach to the reforms gives employers time to prepare, now is the moment to get ahead. Explore what’s changing and what it means for your organisation, including key updates on sickness absence, paternity leave, parental leave, trade union access, and more.

Palace of Westminster Houses of Parliament

Prepare for the Employment Rights Act 2025

The Employment Rights Act 2025 ushers in the most significant changes to UK employment law in a generation. Our CIPD HR-inform Pro product service is designed to be your essential guide, providing comprehensive resources, expert advice, and practical tools to ensure your business remains compliant and agile.