Removal of two-year qualifying period for unfair dismissal

Implementation date: No sooner than Autumn 2026

The Employment Rights Bill removes the two-year qualifying period for claiming unfair dismissal. 

There will be separate regulations setting out rules to apply where an employee is dismissed during an "initial period of employment". In its Next Steps to Make Work Pay policy paper, the Government refers to the initial period as a "statutory probation period". It will consult on the length of this period, but the policy paper says the Government's preference is nine months. The paper states that, during this period, there will be "a lighter-touch process for employers to follow to dismiss an employee who is not right for the job". 

The policy paper states that the Government expects to begin consulting in 2025 on the various measures covered in the Bill and that "reforms of unfair dismissal will take effect no sooner than autumn 2026".