Can employees claim unfair dismissal from day one now?
Not yet, but the Employment Rights Bill proposes removing the two-year qualifying period for unfair dismissal. A new system with a statutory probationary period (likely 9 months) is planned — but the change hasn't come into force yet.
Full answer
Currently, employees need 2 years of continuous service before they can bring an unfair dismissal claim. That two-year qualifying period has been in place since 2012.
The Employment Rights Bill 2025 proposes making unfair dismissal a day-one right — meaning employees could bring a claim from their first day. This would be the biggest change to employment law in a generation.
How would the new system work?
- Employers can still dismiss for capability or conduct reasons
- But there will be a lighter-touch process required (not the full disciplinary procedure)
- Employees dismissed during probation could still bring a claim if the process wasn't followed
When is this coming? The Bill was progressing through Parliament in 2025. The government has indicated it won't come into force before 2026, with some suggesting late 2026 or even 2027 for this specific provision.
- Review your probationary period policies — 3 months may not be enough protection under the new rules
- Ensure managers are documenting performance conversations during probation
- Consider extending contractual probation periods to align with the expected 9-month statutory period
- Train line managers on the lighter-touch dismissal process that will be required
Alice will alert you as soon as the implementation date is confirmed.
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Related questions
Do I need to give an employment contract from day one?
Yes. Since April 6, 2020, employers must provide a written statement of employment particulars on or before the employee's first day of work. This replaced the old 2-month rule. Failure to do so is automatically an unlawful act.
Is SSP from day one now?
Not yet — but it's coming. The Employment Rights Bill proposes removing the three waiting days for Statutory Sick Pay, meaning SSP would be payable from the first day of sickness. The change is expected to come into force in 2026.
What are the rules for zero-hours contracts in 2026?
The Employment Rights Bill introduces significant new rights for zero-hours workers, including the right to request guaranteed hours after 12 weeks and the right to reasonable notice of shifts. These changes are being phased in from 2026.