Recent changes to the Employment Rights Bill

What had been promised as a day one right will now only be available after six-months’ continuous employment.

In a dramatic display of parliamentary ping-pong between the Commons and the Lords, shortly before the Employment Rights Bill gained Royal assent to become the Employment Rights Act 2025 the new qualifying period for ordinary unfair dismissal claims was amended. Rather than becoming a “day one” right (as originally proposed), employees will need six months’ service before they can bring an unfair dismissal claim - down from the current two years.

What is the current law?

At present, an employee generally needs two years’ continuous service to claim ordinary unfair dismissal (subject to various exceptions).

It’s worth remembering that some claims are already effectively “day one” rights - most notably discrimination claims and automatic unfair dismissal claims (for example, dismissals connected with whistleblowing, asserting statutory rights, health and safety, etc.).

What will change?

Under the new regime, protection from unfair dismissal will apply after six months in the job. Current guidance indicates this will take effect from January 2027.

How does this compare to the Government’s original intention?

The Government’s initial proposal, widely trailed in the Party’s manifesto and during the Bill’s passage, was to remove the qualifying period entirely, creating a “day one” right (with a statutory probationary approach). That has been scaled back following pushback from peers, resulting in the six-month compromise.

Why this matters

This is still a major shift. A move from two years to six months will materially expand the pool of employees eligible to bring ordinary unfair dismissal claims, and will bring forward the point at which employers need to be confident they can evidence a fair reason and fair process for any dismissal.

At the same time, the change stops short of the “day one” model, so employers retain a meaningful (albeit much shorter) window to assess performance and “fit” before ordinary unfair dismissal protection bites. The Government’s stated aim is to strike a “workable package” that benefits workers while offering employers clarity.

What employers should do now: 

• Review probation and onboarding policies: make sure roles, objectives, and standards are clear early.
• Document performance issues sooner: managers will need to act (and record) concerns promptly.
• Check processes for early exits: even within six months, discrimination/automatic unfair dismissal risks remain “day one”, so decision-making should be consistent and evidenced.