Glossary · UK
What is Unfair Dismissal Qualifying Period?
The minimum length of continuous service an employee normally needs before they can bring an ordinary unfair dismissal claim, historically two years but reduced to a day-one right under the Employment Rights Act 2025 reforms.
Full Definition
The unfair dismissal qualifying period is the minimum length of continuous employment a person needs before they can bring an ordinary unfair dismissal claim against their employer at an Employment Tribunal. For many years this has been two years of continuous service, meaning an employee dismissed within their first two years generally could not claim ordinary unfair dismissal (though several categories of 'automatically unfair' dismissal -- such as dismissal for whistleblowing, pregnancy, or asserting a statutory right -- have never required any qualifying period at all, and remain claimable from day one regardless of length of service). The Employment Rights Act 2025 legislates for unfair dismissal to become a day-one right for all employees, removing the two-year qualifying period, though the government has indicated this change will be phased in with a lighter-touch, simplified dismissal process available during a new statutory probationary period (proposed at around nine months) to give employers a more straightforward route to dismiss for performance or suitability reasons early in employment without facing the full unfair dismissal process. Because the precise implementation date and the final detail of the probationary process were still subject to further regulations and consultation, employers and employees should check the current qualifying period and probationary rules in force on gov.uk rather than assume the two-year rule or its replacement applies without checking, particularly for dismissals taking place during the transition period.