Unfair Dismissal After Six Months: New Job Checklist
The government has confirmed that protection against ordinary unfair dismissal in Great Britain will begin after six months in a job from 1 January 2027. Here is what is changing, what is not, and what to look at in an offer before you accept.
What the government has confirmed
The government's timeline for implementing the Employment Rights Act, last updated on 14 October 2026, lists a reduction of the unfair dismissal qualifying period to six months for dismissals from 1 January 2027, together with the removal of the cap on compensatory awards.[1] The official business guidance puts it in plain terms: the qualifying period for protection against "ordinary" unfair dismissal falls from two years to six months.[2]
Two details matter if you are job hunting now:
- It applies to England, Scotland and Wales. It does not apply in Northern Ireland.[2]
- The date is about the dismissal, not your start date. Dismissals with an effective date before 1 January 2027 stay under the old two-year rule.[2]
The timeline page also says that all dates remain subject to parliamentary processes and may change.[1] Treat the January 2027 date as the official plan rather than a guarantee, and check the page again before you rely on it for a decision.
What does not change
It is easy to read "unfair dismissal after six months" as "employers can no longer let people go". That is not what the guidance says.
- Employers can still dismiss for legitimate reasons, such as poor performance, as long as the decision is fair and follows a suitable process.[2]
- Protection against discrimination and against automatically unfair dismissal grounds applies from the first day and is unchanged.[2]
- The qualifying period still exists, so a new employee dismissed during the first months remains outside ordinary unfair dismissal protection.[2]
So the change shortens the unprotected window. It does not remove it, and it does not guarantee you a job.
Why it matters when you compare offers
If you are choosing between offers, or deciding whether to leave a secure job for a new one, the length of time before you are protected is part of the risk. A shorter window makes a move a little less exposed than it was under the previous rule. It does not make an unstable employer stable.
The guidance also gives some details that are easy to miss:
- Notice periods count. Statutory notice is added when working out whether someone meets the qualifying period, even if the notice is not worked.[2]
- Fixed-term contracts. Not renewing a fixed-term contract still counts as a dismissal. Where the employee has at least six months' service, the non-renewal must be fair.[2]
- Probation clauses. The guidance asks employers using a contractual probation period to consider how it works alongside the six-month qualifying period.[2] Expect some employers to review their probation wording over the coming months.
A checklist to use before you accept
You cannot change the law, but you can read the offer more carefully. Before you accept a new job, check these points and ask about anything unclear.
- Start date and probation length. Write down the date you would start and any probation period in the contract. Compare it with the January 2027 date if you are starting close to it.
- Contract type. Permanent or fixed term? If fixed term, what happens at the end, and is renewal mentioned?
- Notice during probation. What notice does each side give, and does it change after probation?
- Written terms. Make sure the job title, pay, hours and place of work are in writing before you resign from your current job.
- Your current notice. Check how long you must give your present employer, so you do not accept a start date you cannot meet.
- Questions to ask. How is performance reviewed in the first months? Who decides, and how often will you get feedback?
Using this when you negotiate
Knowing that protection starts earlier does not change what you should ask for, but it helps you stay calm when a probation clause appears. A clear explanation of how the probation works is a reasonable request, and so is a written statement of what success looks like in the first months. Our guide on salary expectations and negotiating an offer covers how to raise these points without souring the conversation.
If you are still deciding which roles are worth applying to, our guide on measuring how well you fit a job helps you focus on postings where your experience genuinely matches. That is the best protection in any probation period, because you start the job able to do what it asks.
Frequently asked questions
Does the new rule apply to everyone starting a job?
It applies to employees in England, Scotland and Wales who are dismissed on or after the start date. It does not apply in Northern Ireland, and dismissals before that date follow the old rule.
Can I be dismissed during my first months?
Yes, if the employer has a legitimate reason and follows a fair process. Protection against discrimination and automatically unfair dismissal applies from the first day.
Is the date certain?
The government's timeline says all dates remain subject to parliamentary processes and may change, so check the official page before making a decision that depends on it.
Does this replace a probation period?
The guidance does not abolish probation. It asks employers who use a contractual probation period to think about how it fits with the qualifying period.