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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-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.

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