Dismissal

New and updated

• Type:

  FAQs

  What is an "automatic unfair dismissal"?

  The qualifying period for unfair dismissal is reduced from two years to six months for dismissals on or after 1 January 2027. No qualifying service is required for automatic unfair dismissals, except TUPE-related dismissals.

• Type:

  How to

  How to comply with the law on dismissal of employees in relation to TUPE transfers

  The qualifying service needed to claim unfair dismissal reduces from two years to six months from 1 January 2027. Unlike other automatically unfair dismissals, the qualifying service requirement does apply to TUPE-related dismissals.

• Type:

  Employment law guide

  Unfair dismissal: remedies and penalties

  This guide focuses on compensation, which normally consists of a basic award and compensatory award, when unfair dismissal claims are successful in an employment tribunal. The guide also touches on the less common remedies of recommendations and declarations.

• Type:

  FAQs

  What impact does the reduction in the unfair dismissal qualifying period have on redundancy dismissals and entitlement to statutory redundancy pay?

  The qualifying period for unfair dismissal decreases from two years to six months for dismissals with an effective date of termination on or after 1 January 2027. There is no change being made to the qualifying period for a statutory redundancy payment ...

• Type:

  FAQs

  If an employee is dismissed in the last week of their first six months with a payment in lieu of notice, will they still qualify to claim unfair dismissal?

  The qualifying period for unfair dismissal decreases from two years to six months for dismissals with an effective date of termination on or after 1 January 2027. When the reduced qualifying period is in force, an employee dismissed with a payment in lieu of notice in the last week of their first six months will gain unfair dismissal rights ...

• Type:

  FAQs

  If an employee is absent for significant periods during their probationary period, will they still gain unfair dismissal rights after six months?

  The qualifying period for unfair dismissal decreases from two years to six months for dismissals with an effective date of termination on or after 1 January 2027. An employee will gain unfair dismissal rights after six months even if they have been absent ...

• Type:

  FAQs

  For the purposes of unfair dismissal qualification, does continuous employment start from the date the contract was agreed or the first day of work?

  Continuous employment begins with the day on which the employee starts work rather than the day on which the contract is agreed ...

• Type:

  FAQs

  Given that the expiry of a fixed-term contract constitutes dismissal, what will usually be a fair reason for dismissal?

  The qualifying service required to claim unfair dismissal reduces from two years to six months for dismissals on or after 1 January 2027. This makes it more important for employers to identify a fair reason for dismissal on expiry of a fixed-term contract.

• Type:

  FAQs

  Can an employee claim unfair dismissal on expiry of a fixed-term contract of employment?

  From 1 January 2027, employees will have the right to claim unfair dismissal if their contract is terminated after six months, even where they are on a fixed-term contract that comes to an end. 

• Date:

  11 June 2026

  Type:

  Commentary and insights

  Unfair dismissal reforms: Rethinking probationary periods

  As unfair dismissal protections tighten, many organisations are now rethinking how they operate their probationary periods. We explore how organisations are responding in light of the upcoming changes and what this means for probationary practices.