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Employment Rights Bill: day-one unfair dismissal protection comes into force — News

The Employment Rights Act 2025 (formerly the Employment Rights Bill) includes one of the most significant changes to UK employment law in decades: the abolition of the two-year qualifying period for ordinary unfair dismissal claims. From 6 April 2027, employees will have the right not to be unfairly dismissed from day one of employment. The commencement order confirming this date has now been made by the Secretary of State for Business and Trade.

Under the previous regime, employees needed two continuous years of service before they could bring an unfair dismissal claim at the Employment Tribunal — meaning that employees dismissed in their first two years had almost no protection unless the dismissal was for an automatically unfair reason (such as whistleblowing, pregnancy, or trade union activity). The new law treats all employees equally regardless of length of service.

What this means for employees: If you are dismissed from day one, you can bring an Employment Tribunal claim for unfair dismissal, provided your employer did not have a fair reason (capability, conduct, redundancy, statutory restriction, or some other substantial reason) and did not follow a fair procedure. ACAS Early Conciliation must still be completed before filing a tribunal claim, and the three-month time limit from dismissal still applies.

What this means for employers: Employers must now have a fair reason and follow a fair procedure for every dismissal, including during probationary periods. The Act introduces a modified statutory procedure for dismissals during an initial period (expected to be nine months), which will require employers to follow a minimum process — but this process is less onerous than the full ACAS Code requirements that apply after the initial period. ACAS has published updated guidance for employers on managing performance and conduct during probation.

See the unfair dismissal guide for the updated rights and procedure, and the Employment Rights Act 2025 commencement news item for broader context on the Act's other provisions.

This item summarises a legal development for general information only. It is not legal advice. Always check the official text and, for your own situation, consult a qualified lawyer.

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