generaldismissal

Unfair dismissal — what counts and the qualifying period

Generally you need 2 years' service to claim ordinary unfair dismissal. From October 2026 most dismissals become protected from day one (ERA 2025).

Last reviewed: 27 May 2026 by panel solicitor2 min read

The short answer

Most unfair dismissal claims need 2 years' service — but pregnancy, whistleblowing, trade union activity and discrimination dismissals are automatically unfair from day one. From October 2026 the qualifying period goes away entirely.

The qualifying period

You usually need at least 2 years' continuous service with the same employer to bring an ordinary unfair dismissal claim under Part X of the Employment Rights Act 1996.

The Employment Rights Act 2025 (in force October 2026) removes this qualifying period for most workers — unfair dismissal becomes a day-one right.

Automatic unfair dismissal — day one regardless of service

Even before October 2026 there is no qualifying period for dismissals for reasons that are automatically unfair, including:

Pregnancy or maternity
Whistleblowing (protected disclosures)
Trade union activity
Asserting a statutory right (e.g. minimum wage, holiday pay)
Discrimination on a protected characteristic (this is a separate Equality Act 2010 claim)

What makes a dismissal unfair

The employer must show one of the five potentially fair reasons (capability, conduct, redundancy, statutory restriction, or some other substantial reason) and that they acted reasonably — which usually means a fair process with warnings, hearings, and a right of appeal.

Time limit

3 months less one day from the effective date of termination. ACAS Early Conciliation must be started before issuing a tribunal claim.

What to do this week

If you've been dismissed unfairly, start ACAS Early Conciliation within 3 months less one day of the effective date of termination — missing this kills the claim.

Sources

Employment Rights Act 1996 Read on legislation.gov.uk
Equality Act 2010 — sections 4 Read on legislation.gov.uk

Last reviewed 27 May 2026 by an SRA-authorised solicitor on our panel.

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