Unfair dismissal
The Employment Rights Act 2025 marks a major shift in unfair dismissal law. From January 2027, the qualifying period will drop from two years to six months - applying retrospectively to employees hired from July 2026 - and the cap on compensatory awards will be removed altogether. Stephen Simpson, principal editor at Brightmine, joins the podcast to break down the changes and share practical steps HR should be taking now to prepare.
Updated with a reference to Pal v Accenture, which confirmed how employee capability should be assessed.
Updated with a reference to Pal v Accenture, which explored the difference between “capability” and “some other substantial reason” dismissals.
Updated to reflect that the Government has confirmed that this change will take effect on 1 January 2027.
Updated to reflect that the Government has confirmed that this change will take effect on 1 January 2027.
Updated to reflect that the Employment Rights Bill received Royal Assent on 18 December 2025.
Updated to reflect that the Employment Rights Bill received Royal Assent on 18 December 2025.
Updated to reflect that the Employment Rights Bill received Royal Assent on 18 December 2025.
Drawing on our latest research data, Brightmine content managers Bar Huberman and Sheila Attwood set out the key priorities for HR and reward professionals in 2026. CEO Scott Walker also joins the podcast to discuss one of the key trends of recent years - AI in the workplace.
The government will reduce the qualifying period for unfair dismissal from two years to six months, dropping Labour's longstanding manifesto commitment in the Employment Rights Bill to make it a day-one right.
HR and legal information and guidance relating to unfair dismissal.