How the New Unfair Dismissal Rules Could Affect Your Rights at Work

If you’ve recently started a new job, or you’re thinking about changing employers, there could soon be good news when it comes to your legal rights. One of the biggest changes being introduced under the Employment Rights Act 2025 is a reduction in the qualifying period for ordinary unfair dismissal claims. While the changes are expected to come into force in 2027, they could have a significant impact on employees by giving them protection much earlier in their employment. Here’s what you need to know.

What Is Unfair Dismissal?

Unfair dismissal happens when an employer dismisses an employee without a fair reason or without following a fair process. In most cases, employers must have a valid reason for dismissal, such as misconduct, poor performance, redundancy or another substantial business reason. They must also act reasonably and follow a fair procedure before making the decision to dismiss. If they fail to do so, an employee may be able to bring a claim before an Employment Tribunal.

What Are the Current Rules?

At the moment, most employees need two years' continuous service before they can bring a claim for ordinary unfair dismissal. There are some important exceptions, for example, dismissals connected to issues such as discrimination, whistleblowing, pregnancy or asserting certain statutory rights may already be challenged regardless of length of service.

However, for many employees, the current two-year qualifying period means they have limited protection if they lose their job during the early stages of employment.

What Is Changing?

The Government has announced plans to reduce the qualifying period for ordinary unfair dismissal claims from two years to six months. Although the reforms are expected to come into force in 2027, the exact implementation date will be confirmed once the necessary regulations have been introduced. If the changes proceed as planned, many employees will gain legal protection much sooner than they do under the current rules.

What Could This Mean for Employees?

For anyone starting a new job, the reforms could provide greater confidence during the first year of employment. Employers are still entitled to dismiss employees where there is a genuine and fair reason for doing so. However, they will need to ensure that proper procedures are followed, even where an employee has only been with the business for a relatively short period of time.

This could encourage employers to carry out more structured probation reviews, provide clearer feedback on performance and keep better records before making decisions about dismissal.

For employees, it means there is likely to be greater protection against unfair treatment once the six-month qualifying period has been reached.

Will Probation Periods Still Exist?

Yes, the proposed changes do not prevent employers from using probation periods. Instead, probationary employees are likely to receive greater legal protection than they currently do. Employers will still be able to end employment where appropriate, but they will need to ensure they have acted fairly and reasonably, particularly once an employee has completed six months' service.

If you are on probation, it is still important to take performance reviews seriously, ask for regular feedback and keep copies of any correspondence relating to your role.

What Should You Do If You Think Your Dismissal Was Unfair?

If you have been dismissed, it is important to seek advice as soon as possible. Employment Tribunal claims are subject to strict time limits, and in most cases you must begin the ACAS Early Conciliation process within three months of your dismissal.

Keeping copies of your employment contract, dismissal letter, emails, meeting notes and any other relevant documents can be extremely helpful if you decide to pursue a claim. Even if you are unsure whether the new rules apply to your situation, obtaining legal advice early can help you understand your options and avoid missing important deadlines.

Looking Ahead

The proposed unfair dismissal reforms form part of a wider package of employment law changes designed to strengthen workers' rights. Alongside these changes, employees are expected to benefit from enhanced statutory sick pay, stronger protections for workers on irregular hours, expanded family-friendly rights and increased enforcement of employment law.

As the reforms are introduced over the coming months, both employers and employees will need to adapt to a changing legal landscape.

Need Advice About Unfair Dismissal?

If you have been dismissed, are concerned about your treatment at work or would like advice about your employment rights, RDC Solicitors is here to help. Our experienced employment law team provides practical, confidential advice tailored to your individual circumstances.

Contact us today on Bingley 01274 723858, Ilkley 01943 601173 or Bradford 01274 735511 to discuss your situation with one of our knowledgeable employment solicitors.