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Unfair Dismissal will NOT be a Day One Right

Unfair Dismissal will NOT be a Day One Right

17th December 2025

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The Employment Rights Bill has now passed and the government’s controversial proposal to make Unfair Dismissal a Day One Right has been abandoned.

At present, an employee requires two-years’ service (the qualifying period) before being eligible to bring a claim for unfair dismissal.  The government had proposed, through the Employment Rights Bill, to remove the qualifying period altogether, meaning that employees would be able to bring a claim for unfair dismissal from the very first day of their employment.

However, given the to and from between the Lords and the Commons when passing the Bill, the government has now abandoned this and instead a six-month qualifying period will apply. This brings clarity for employers and will come into effect from 1 January 2027, so an employee with 6 months’ service on or after that date will have the right to claim unfair dismissal.

For more advice, please contact our Employment Team.

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