How long do you need to work to claim unfair dismissal?
Last verified: 12 October 2026 by LexSpeakAI Editorial. Sources: Employment Rights Act 1996, Employment Rights Act 2025, S.I. 2026/559, S.I. 2026/954.
It depends on the date your employment ends. Where it ends before 1 January 2027, you need two years’ continuous employment to claim ordinary unfair dismissal. Where it ends on or after 1 January 2027, you need six months, even if you were given notice in 2026. Some reasons for dismissal, such as whistleblowing or raising a health and safety concern, need no qualifying period at all.
Start with your effective date of termination. If you were given notice, it is the date the notice ran out. If you were dismissed without notice, it is the date the dismissal took effect. That date, not the day you were told, decides which rule applies.
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- You were an employee and you were dismissed. This page covers the qualifying period for ordinary unfair dismissal, the claim that your employer had no fair reason or handled the dismissal unfairly.
- You were dismissed for a protected reason. Reasons such as whistleblowing or a health and safety concern are automatically unfair and need no qualifying period under either rule.
- You were not given proper notice. That is a separate claim for notice pay, which needs no qualifying period. Dismissed without notice.
This covers employment in England and Wales.
What the law says
To claim ordinary unfair dismissal you need continuous employment ending with your effective date of termination (ERA 1996, s.108). The Employment Rights Act 2025 shortens the period from two years to six months, and the change applies in every case where the effective date of termination falls on or after 1 January 2027, including where notice was given before that date (S.I. 2026/559, reg. 4).
Working out the effective date of termination
Where notice was given, it is the date the notice expires. Where no notice was given, it is the date the termination takes effect (ERA 1996, s.97). The date you were told, and the date you make a claim, don’t change it.
For counting the qualifying period only, there is one adjustment. If your employer gave you less than the statutory minimum notice, or none, the date is treated as the day that minimum notice would have run out. With under two years’ service the minimum is one week (ERA 1996, s.86), so this can add up to a week to the count.
Reasons that need no qualifying period
Dismissal for an automatically unfair reason needs no qualifying period under either rule. These include raising a health and safety concern and making a protected disclosure (whistleblowing). Discrimination claims are separate and need no minimum service either.
Other things that change on 1 January 2027
Where the effective date of termination is before 1 January 2027, the compensatory award is capped at the lower of £123,543 or 52 weeks’ gross pay, for dates on or after 6 April 2026. The cap doesn’t apply to a health and safety or whistleblowing dismissal. Where the date is on or after 1 January 2027, there is no statutory cap. The right to ask for written reasons for your dismissal follows the same two-year and six-month split.
Key dates and deadlines
| Situation | Rule | Result |
|---|---|---|
| Started 1 March 2026; notice ends 31 December 2026 | Before 1 January 2027: two years | About ten months’ service, so no ordinary unfair dismissal claim |
| Started 1 March 2026; notice given 1 December 2026, ends 8 January 2027 | On or after 1 January 2027: six months | Six months met, even though notice was given in 2026 |
| Started 1 February 2027; dismissed without notice 28 July 2027 | Six months, plus the one-week notice adjustment | Counted to 4 August 2027, so the period is met. Turns on a few days: confirm the exact dates |
| Started 15 March 2026; dismissed without notice 29 December 2026 | Actual date before 1 January 2027, adjusted date after it | Unresolved: which rule applies here needs specialist advice |
| Effective date of termination on or after 1 October 2026 | Tribunal time limit | Six months less one day, extended by ACAS early conciliation |
Where the effective date of termination is before 1 October 2026, the time limit is three months less one day. What changed on 1 October 2026.
What people in this situation usually do next
Most people pin down their effective date of termination first, because it decides both which qualifying period applies and when the tribunal deadline falls. Then they contact ACAS, because a claim can’t be made without an early conciliation certificate. Where the qualifying period isn’t met, many check whether the reason for dismissal was a protected one, or whether they are owed notice pay.
Your full legal information pack: which qualifying period applies to your dates, the protected reasons the law recognises, and your options. If you only want one point explained, LexSpeak Brief™ (£9.99) covers a single question.
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Common questions
I was given notice in December 2026 and it ends in January 2027. Which rule applies?
The six-month rule. What matters is the effective date of termination, the date your notice runs out. If that falls on or after 1 January 2027, six months’ continuous employment is enough, even though you were told in 2026.
Does unfair dismissal protection start on your first day?
No. From 1 January 2027 the qualifying period for ordinary unfair dismissal is six months, not nothing. Some automatically unfair reasons, such as whistleblowing or a health and safety concern, need no qualifying period, and discrimination protection applies from the start.
I have less than two years’ service and my job ends before 2027. Can I do anything?
Possibly. You can’t claim ordinary unfair dismissal, but a dismissal for an automatically unfair reason needs no qualifying period, discrimination claims need none, and a claim for notice pay you weren’t given needs none either.
My employer didn’t give me notice. Does that change the count?
It can. For counting the qualifying period only, the date is treated as the day the statutory minimum notice would have ended. With under two years’ service that minimum is one week, so the count can stretch by up to a week.
How long do I have to make a claim?
Where your effective date of termination is on or after 1 October 2026, six months less one day, extended by ACAS early conciliation. Where it was before 1 October 2026, three months less one day. You must contact ACAS before you can claim.
Legal information for England and Wales, not legal advice. LexSpeakAI® is not a law firm.