Unfair Dismissal will NOT be a Day One Right
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-fro 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.


