Government U-Turn: Six-Month Qualifying Period Replaces Day-One Unfair Dismissal Rights

The UK Government has confirmed a significant reversal in its employment law reform plans. The previously proposed day-one right to claim unfair dismissal has been scrapped. Instead, a six-month qualifying period will be introduced, reducing the current two-year threshold. Crucially, this change will be implemented through primary legislation, meaning any future amendments would require full parliamentary approval—making it far more difficult to reverse.

What This Means for Employers

Once enacted, employees will gain the right to bring unfair dismissal claims after just six months of continuous service. This marks a substantial shift from the existing two-year requirement and will require employers to reassess their internal processes.

Employers should ensure that fair dismissal procedures are in place and consistently applied, even for relatively new staff. With a shorter window to assess employee suitability, robust probationary periods, clear performance expectations, and timely performance management will be essential. Dismissals occurring after the six-month mark will carry a higher risk of tribunal claims, making documentation and procedural fairness more important than ever.

Next Steps

This reform forms part of the Employment Rights Bill 2025, which is expected to receive Royal Assent before the end of the year. The six-month qualifying period is a confirmed policy decision and is likely to come into force in 2026. Employers should begin preparing now to ensure compliance and mitigate risk.

We will continue to monitor developments and provide further updates as more details become available. In the meantime, businesses can take reassurance that day-one unfair dismissal rights will not be introduced, but should plan for a six-month qualifying period going forward.

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