Unfair dismissal after 6 months: what changes on 1 January 2027
From 1 January 2027, employees in England, Wales and Scotland can claim ordinary unfair dismissal after six months' continuous employment instead of two years. What decides which rule applies is the effective date of termination, not the day you decide or the day you give notice.
What changes on 1 January 2027
- The qualifying period in s.108(1) of the Employment Rights Act 1996 becomes six months (was two years): section 25 of the Employment Rights Act 2025, in force on 1 January 2027.
- The six-month rule applies where the employee is dismissed before 1 January 2027 but the effective date of termination falls on or after that date, and does not apply where the effective date of termination falls before 1 January 2027.
- The cap on the compensatory award (ERA 1996 s.124) is removed for dismissals with an effective date of termination on or after 1 January 2027. As of 6 April 2026 the cap was the lower of £123,543 or 52 weeks' gross pay.
- Schedule 3 to the 2025 Act also cuts the qualifying period for the right to written reasons for dismissal from two years to six months and removes the qualifying period for dismissal because of a spent conviction.
Who is protected, by start date
Service counts from the first day of work and includes the last day: six months that begin with 2 July 2026 end with 1 January 2027. Protection starts on the two-year date when that is before 2027 (the old rule already covers them); otherwise on the later of the six-month date and 1 January 2027.
| Start date | 6 months complete | 2 years complete | Protected from |
|---|---|---|---|
| Tue 31 Dec 2024 | Sun 29 Jun 2025 | Wed 30 Dec 2026 | Wed 30 Dec 2026 (2-year rule) |
| Wed 1 Jan 2025 | Mon 30 Jun 2025 | Thu 31 Dec 2026 | Thu 31 Dec 2026 (2-year rule) |
| Thu 2 Jan 2025 | Tue 1 Jul 2025 | Fri 1 Jan 2027 | Fri 1 Jan 2027 (6-month rule) |
| Mon 1 Jun 2026 | Mon 30 Nov 2026 | Wed 31 May 2028 | Fri 1 Jan 2027 (6-month rule) |
| Wed 1 Jul 2026 | Thu 31 Dec 2026 | Fri 30 Jun 2028 | Fri 1 Jan 2027 (6-month rule) |
| Thu 2 Jul 2026 | Fri 1 Jan 2027 | Sat 1 Jul 2028 | Fri 1 Jan 2027 (6-month rule) |
| Fri 3 Jul 2026 | Sat 2 Jan 2027 | Sun 2 Jul 2028 | Sat 2 Jan 2027 (6-month rule) |
| Mon 31 Aug 2026 | Sat 27 Feb 2027 | Wed 30 Aug 2028 | Sat 27 Feb 2027 (6-month rule) |
| Thu 1 Oct 2026 | Wed 31 Mar 2027 | Sat 30 Sep 2028 | Wed 31 Mar 2027 (6-month rule) |
| Mon 1 Feb 2027 | Sat 31 Jul 2027 | Wed 31 Jan 2029 | Sat 31 Jul 2027 (6-month rule) |
A start on 31 August has no 31 February six months later. The tool then takes the earlier of the two possible readings (27 February rather than 28), so it never shows protection starting later than it could.
What this does not change
The Employment Rights Act 2025 does not change the existing day one protections against discrimination and automatically unfair grounds for dismissal. There is no legal requirement to have a probation period, and it can be any length. Someone will be protected if they already have at least 6 months' service on 1 January 2027. Ending probation before protection starts does not avoid legal risks, and probations of 6 months or less might not suit every role.
Put your whole team through the rules on the staff list tracker, or one person on the one-employee checker.
Sources
- Six-month rule starts: The Employment Rights Act 2025 (Commencement No. 4 and Transitional and Saving Provisions) Regulations 2026 (SI 2026/559), reg. 3(a): section 25 of the 2025 Act comes into force on 1st January 2027 — https://www.legislation.gov.uk/uksi/2026/559/made, read on 2026-09-30
- Qualifying period: Employment Rights Act 1996, s.108(1): "not less than two years ending with the effective date of termination" — https://www.legislation.gov.uk/ukpga/1996/18/section/108; Employment Rights Act 2025, s.25(2)(a): in s.108(1) "for 'two years' substitute 'six months'" — https://www.legislation.gov.uk/ukpga/2025/36/section/25, read on 2026-09-30
- Which rule applies: SI 2026/559, reg. 4(1)(a) and (b); "effective date of termination" has the meaning in s.97 of the 1996 Act (reg. 4(2)) — https://www.legislation.gov.uk/uksi/2026/559/made, read on 2026-09-30
- Counting service: Employment Rights Act 1996, s.210(2) (a month is a calendar month) — https://www.legislation.gov.uk/ukpga/1996/18/section/210 and s.211(1) (the period begins with the day the employee starts work) — https://www.legislation.gov.uk/ukpga/1996/18/section/211; Court of Session, Pacitti Jones v O'Brien [2005] CSIH 56, para. 16: "the period of twelve calendar months, which began with 8 April 2002, ended with 7 April 2003" — https://www.scotcourts.gov.uk/media/j0ym05jv/2005csih56-pacitti-jones-vclaire-obrien.pdf, read on 2026-09-30
- Compensation cap: Employment Rights Act 2025, s.25(3) "Omit section 124", in force 1 January 2027 by SI 2026/559 reg. 3 and 4 — https://www.legislation.gov.uk/ukpga/2025/36/section/25; GOV.UK Factsheet: Unfair Dismissal — https://assets.publishing.service.gov.uk/media/6a049a3d22977ebc82cb3f1a/unfair-dismissal-factsheet.pdf, read on 2026-09-30
- Written reasons, spent convictions: GOV.UK Factsheet: Unfair Dismissal (Department for Business and Trade) — https://assets.publishing.service.gov.uk/media/6a049a3d22977ebc82cb3f1a/unfair-dismissal-factsheet.pdf, read on 2026-09-30
- Day-one protections: GOV.UK Factsheet: Unfair Dismissal — https://assets.publishing.service.gov.uk/media/6a049a3d22977ebc82cb3f1a/unfair-dismissal-factsheet.pdf; Acas, Probation periods: "Other employment protections apply during probation. For example: discrimination, whistleblowing, breach of contract" — https://www.acas.org.uk/probation-periods, read on 2026-09-30
- Probation (Acas): Acas, Probation periods: What probation is (last updated 24 July 2026) — https://www.acas.org.uk/probation-periods, read on 2026-09-30
- Northern Ireland: GOV.UK, Dismissing staff: Eligibility to claim unfair dismissal — https://www.gov.uk/dismiss-staff/eligibility-to-claim-unfair-dismissal, read on 2026-09-30
Frequently asked questions
- Who is protected on 1 January 2027?
- Anyone with at least six months' continuous service on that day, which with the counting rule means anyone who started on or before 2 July 2026. Acas puts it the same way: someone will be protected if they already have at least 6 months' service on 1 January 2027.
- What if notice was given in December 2026?
- The six-month rule applies where the employee is dismissed before 1 January 2027 but the effective date of termination falls on or after that date (SI 2026/559 reg. 4). With the statutory notice week added by s.97(2), a notice given in the last week of December can land in January.
- Is the unfair dismissal qualifying period change the same in Northern Ireland?
- No. The change is for England, Wales and Scotland. GOV.UK says the qualifying period in Northern Ireland is still usually one year.
- Are there exceptions to the qualifying period?
- Yes: automatically unfair reasons such as whistleblowing, pregnancy and maternity, health and safety or asserting a statutory right need no qualifying period at all, and discrimination claims never needed one.
More guides
- Why acting at five months may be too late: the statutory notice rule
Section 97(2) adds the one-week statutory notice to the effective date of termination, so notice at five months and three weeks can land after protection starts.
- Probation periods under the six-month rule
A six-month probation now ends on the day unfair dismissal protection starts. Probation end dates, last notice days and review points for 3 to 6 months.
- Unfair dismissal time limit: 6 months from 1 October 2026
Tribunal claims for unfair dismissal: six months beginning with the effective date of termination when it falls on or after 1 October 2026, three before. Worked dates.
Last updated 2026-09-30. Date calculator and templates based on the Employment Rights Act 1996 as amended by the Employment Rights Act 2025. Not legal advice. Continuity rules have exceptions; check with Acas or a solicitor before dismissing anyone. Not affiliated with Acas or the UK Government.