Unfair dismissal

New and updated

• Date:

  3 September 2026

  Type:

  News

  Estate agent awarded £47k for unfair dismissal following maternity leave

  An estate agent has been awarded more than £47k after she was constructively and unfairly dismissed after returning from maternity leave, a tribunal ruled. Ms Stewart brought claims of unfair dismissal, direct discrimination, discrimination on the grounds of pregnancy and maternity and/or sex, and victimisation or less favourable treatment.

• Type:

  FAQs

  Do agency workers have the right to claim unfair dismissal?

  The qualifying period for unfair dismissal is reduced from two years to six months for dismissals on or after 1 January 2027. Agency workers still need to have employee status to be able to claim unfair dismissal. 

• Type:

  FAQs

  How is the qualifying period for unfair dismissal claims calculated?

  The qualifying period for unfair dismissal will reduce from two years to six months for dismissals on or after 1 January 2027. 

• Type:

  FAQs

  What is the difference between wrongful dismissal and unfair dismissal?

  The qualifying period for unfair dismissal is reduced from two years to six months for dismissals on or after 1 January 2027. 

• 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:

  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 ...