Unfair dismissal qualifying period checker
From 1 January 2027 the qualifying period for ordinary unfair dismissal drops from two years to six months. Enter the dates to see which rule applies and whether you have enough service.
The six-month rule in brief
- Who it covers: employees whose effective date of termination is on or after 1 January 2027.
- What it means: six months' continuous service is enough to bring an ordinary unfair dismissal claim, down from two years.
- Counting service: service runs from your start date. Unpaid statutory notice is added to the end date for this purpose.
- Compensation: the cap on the compensatory award is removed at the same time. See the compensation calculator.
Worked examples
Dismissed on 28 December 2026 with pay in lieu of notice
The employee started on 15 June 2026. The job ended in 2026, but one week of statutory notice is added, so service is counted to 4 January 2027. The six-month rule applies and they qualify. Because the actual end date is in 2026, the old compensation cap still applies. This is a borderline case, so take advice.
Probation ending in May 2027
The employee started on 2 November 2026 and the job ended on 1 May 2027 after notice was worked. Six months were completed on 1 May 2027, so they qualify on the last possible day. Employers who want to end employment within six months should act well before the end of month five, allowing for a week's notice.
What employers should do now
- Review probation periods so decisions are made by the end of month five.
- Hold regular probation reviews and keep written records of concerns.
- Follow a fair process for any dismissal of someone near or past six months' service.
Frequently asked questions
What is the qualifying period for unfair dismissal?
Until 31 December 2026 it is two years' continuous service. For dismissals where the effective date of termination is on or after 1 January 2027, it is six months.
Is the six-month rule retrospective?
It applies to anyone whose employment ends on or after 1 January 2027, whenever they started. Someone who started on or before 1 July 2026 will already have six months' service on 1 January 2027.
Can I claim unfair dismissal under 2 years?
Yes, if your employment ends on or after 1 January 2027 and you have six months' service. Before that date you need two years, unless the reason was automatically unfair, for example whistleblowing, pregnancy or maternity, health and safety, or asserting a statutory right.
How does statutory notice affect the qualifying period?
If your employer dismisses you without giving the statutory minimum notice, usually one week, that notice is added to the end date when counting service. This can take you over six months, or push a late-December 2026 dismissal into the new rules. It does not apply to summary dismissal for gross misconduct.
Can I be dismissed during my probation period?
Yes. Probation is a contractual term, not a legal status. From 2027, once you pass six months' service you can claim unfair dismissal even if your probation has not ended, so employers will need a fair reason and a fair process.
Is there a 6 month probation period law in the UK?
There is no law that sets probation length. The new law sets the unfair dismissal qualifying period at six months, which is why many employers are moving to probation periods of five or six months.
When does the qualifying period start?
On the first day of continuous employment with your employer, usually your start date. Some breaks, such as certain transfers or temporary gaps, do not break continuity.
Does it apply in Northern Ireland?
No. Northern Ireland has separate employment law. This checker covers England, Scotland and Wales.
Sources
- Employment Rights Act 1996, section 108 (qualifying period)
- Section 97 (effective date of termination and notice extension)
- Employment Rights Act 2025 and its commencement regulations (SI 2026/559)
This calculator gives general guidance based on the Employment Rights Act 1996 as amended by the Employment Rights Act 2025. It does not cover every situation and is not legal advice. For your own case, speak to Acas, a trade union, Citizens Advice or an employment solicitor. Time limits for tribunal claims are short, so act quickly.