Employment Rights Bill: Six‑Month Unfair Dismissal Protection Replaces Day‑One Pledge

What UK workers and employers need to know about the latest employment law changes

In late 2025, the UK Parliament passed a major overhaul of employment law known as the Employment Rights Act 2025 (formerly the Employment Rights Bill). One of the most talked‑about changes is how unfair dismissal rights will work in future. Instead of giving employees protection from their first day on the job (“day‑one” rights), the Government has agreed to a six‑month qualifying period before an unfair dismissal claim can be brought. 

This development has significant implications for both employees and employers. In this article, we explain what the change means in simple terms, how it differs from current law, when it’s likely to take effect, and what both sides should do to prepare.

What is unfair dismissal?

Under UK law, unfair dismissal means being dismissed from a job in a way that is not fair or reasonable. The law looks at whether the employer had a fair reason to dismiss an employee and whether they followed a fair process. 

Examples of fair reasons include:

• Capability or qualifications for the job
• Conduct issues
• Redundancy
• Statutory restrictions (e.g. where continued employment would be unlawful)

Dismissals for reasons such as discrimination or asserting certain employment rights are automatically unfair, regardless of service length. 

What was originally proposed?

When the Employment Rights Bill was first introduced, the Government had pledged to give employees protection from unfair dismissal from the very first day of employment. This would have marked a dramatic shift from the existing rules where most employees needed two years’ service before they could bring a claim. Ogletree Deakins

However, extensive debate in Parliament led to changes to this plan. Key voices in the House of Lords were concerned about the impact on businesses and recruitment practices, particularly for small and medium‑sized employers. Personnel Today

What has changed in the final Employment Rights Act 2025?

The most significant change in the law now is that the Government has dropped the day‑one unfair dismissal protection and instead agreed that the qualifying period will be six months’ continuous employment. That means:

You must normally have worked for at least six months before you can bring an unfair dismissal claim to a tribunal. 

This is a major improvement compared with the existing two‑year requirement under the Employment Rights Act 1996, but it falls short of the original day‑one ambition. 

What stays the same

• Employees can still bring claims for automatically unfair dismissal (such as for discrimination, pregnancy‑related reasons or whistleblowing) without meeting any minimum service requirement. Browne Jacobson 
• The law still requires employers to act fairly and reasonably in all dismissals, whether during or after the six‑month period.

When will the six‑month rule come into force?

The new six‑month qualifying period will not take effect immediately. The Government has indicated that the change is likely to apply from around 1 January 2027, after secondary legislation and transitional arrangements are put in place. Pinsent Masons

Most of the wider employment law reforms introduced by the Act will be phased in between 2026 and 2027, so employers and workers have time to prepare and adapt. Acas

What does this mean for employees?

1. Earlier protection than before

For many employees, the six‑month qualifying period will mean you can take action sooner than under current law (which normally requires two years). 

2. Still limited in the first six months

During your first six months, you generally cannot bring a standard unfair dismissal claim. However, if your dismissal is automatically unfair (for example, due to pregnancy or whistleblowing), you may still have rights from day one. 

3. Use the probation period wisely

Six months roughly aligns with many probationary periods in employment contracts. However, having probation does not override your rights – dismissals must still be fair and reasonable.

What does this mean for employers?

1. Preparation is key

Employers should review recruitment, probation and dismissal procedures well in advance of the new rules coming into force. Good documentation and clear processes are crucial if dismissal decisions need to be justified later.

2. Risk management

While employers have more flexibility in the first six months, fairness and reasonableness remain central. Poorly handled dismissals, even early in employment, can still lead to claims (for example, for discrimination or automatically unfair reasons). 

3. Wider changes also coming

The Employment Rights Act 2025 includes many other reforms – such as changes to holiday rights, parental leave, protections for zero‑hours contracts and rules on “fire and rehire”. It pays to review all aspects of your employment practices. wrigleys.co.uk

Why the change matters

The shift from a two‑year qualifying period to six months is widely seen as a significant modernisation of UK employment law, balancing greater protection for employees with a degree of certainty for employers. 

Supporters say this will give more workers confidence and fairness in the workplace sooner in their careers, while critics argue that extending rights too far too quickly could create barriers to hiring. The Guardian

For anyone navigating employment issues in 2026 and beyond, understanding these changes will be essential. This includes anyone considering dismissal, workplace disputes, or employment tribunals.

Practical steps for employees

1. Check your service length
   If you’re thinking about making a claim, confirm how long you’ve worked with your employer. This will affect when you can bring an unfair dismissal claim.
   
2. Seek early advice
   Talk to a legal advisor sooner rather than later if you’re concerned about dismissal or your rights at work. There are time limits on bringing claims to an employment tribunal.
   
3. Know protected categories
   Even without six months’ service, some dismissals are automatically unfair (e.g. discrimination or whistleblowing). Know your rights here by consulting authoritative sources such as Acas. Acas 

Practical steps for employers

1. Review contracts and policies
   Update your contracts, staff handbooks and dismissal policies to reflect the new qualifying period and other changes in the Act.
   
2. Train line managers
   Ensure managers know how to fairly assess performance, follow disciplinary procedures and handle dismissals adequately.
   

Document fairly
Keep clear records of performance reviews, probation conversations and warnings. Tribunals will look closely at these when considering fairness.

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