The qualifying period for ordinary unfair dismissal is one of the most significant thresholds in UK employment law. Understanding it — and its exceptions — is essential for managing exits and assessing tribunal risk.
Current Position: Two Years
To bring an ordinary unfair dismissal claim, an employee currently needs at least two years' continuous service with the same employer. This means that during the first two years, employers have more flexibility to end the employment relationship — though not unlimited flexibility.
What Counts as Continuous Service?
- Service runs from the start date stated in the contract
- A week counts if the employee is employed for any part of it
- Statutory leave (maternity, paternity, sick leave) does not break continuity
- If an employee is dismissed and re-hired within a week, continuity may be preserved
- TUPE transfers preserve continuity of service
Automatically Unfair Dismissal — No Qualifying Period
Certain types of dismissal are automatically unfair regardless of length of service. These are day-one rights that every employer must be aware of:
- Pregnancy, maternity, or family leave reasons
- Whistleblowing (protected disclosures)
- Asserting a statutory employment right (e.g., requesting written particulars or national minimum wage)
- Trade union membership or activities
- Health and safety activities (raising concerns or acting as a safety representative)
- Requesting flexible working
- Jury service
- Exercising the right to be accompanied at a disciplinary hearing
Discrimination Claims — No Qualifying Period
Claims under the Equality Act 2010 — including direct discrimination, indirect discrimination, harassment, and victimisation — have no qualifying period. An employee dismissed on their first day because of a protected characteristic can bring a claim immediately.
Upcoming Change: Day-One Rights
The Employment Rights Bill will remove the two-year qualifying period entirely, making unfair dismissal a day-one right. A statutory probationary period of up to nine months is proposed, during which a lighter-touch dismissal process will apply — but employers will still need a fair reason.
Whether you're managing a dismissal within the two-year window or preparing for day-one rights, our employment law specialists can help you navigate the risks. Get advice.