Unfair dismissal after 6 months
From 1 January 2027, any employee who has worked for you for 6 months can claim unfair dismissal, not just those with 2 years’ service, and there’s no longer a cap on what a tribunal can award.
- When it starts
- 1 January 2027
- Who it affects
- Employees with 6 months’ service
- Status
- Confirmed in law
For England, Scotland and Wales. Northern Ireland has its own unfair dismissal law.
What’s changing
Unfair dismissal means dismissing an employee without a fair reason, or without following a fair process. An employee who thinks you’ve done that can bring a claim at an employment tribunal. Until now, they needed 2 years’ service first, which is called the qualifying period. From 1 January 2027, the qualifying period is 6 months.
- Time already worked counts. Someone who joined you in spring 2026 is already past 6 months on 1 January 2027, so they can claim from that day.
- Notice counts. What matters is the date their employment ends. If you dismiss someone in December 2026 and their notice runs into January, the new rules apply. The legal minimum notice, 1 week for anyone with between 1 month and 2 years’ service, also counts towards their 6 months, even if you end their employment straight away.
- No cap on compensation. There used to be an upper limit on what a tribunal could award for an unfair dismissal. From 1 January 2027 there isn’t. Tribunals work out awards the same way as before.
- Written reasons. Anyone with 6 months’ service can ask you for the reasons for their dismissal in writing, and you must give them within 14 days.
- Fixed-term contracts. Letting a fixed-term contract end without renewing it counts as a dismissal, so for anyone with 6 months’ service it needs to be fair too.
Some things stay the same. Claims such as discrimination or whistleblowing can already be brought from day one, whatever someone’s length of service. And you can still dismiss someone for a fair reason, such as poor performance, if you follow a fair process.
What it means for a small employer
The 6-month mark becomes the date that matters. If a new starter isn’t working out, review it and decide before then, with a fair process and notes of what was said.
After 6 months, a dismissal needs a fair reason and a fair process. With no cap, there’s no upper limit on what getting it wrong can cost.
If you use a probation period, hold the review by month 5, so you can decide before the 6-month mark.
An example, with made-up names. Ana runs a cafe with 9 staff. Tom joined in March 2026. On 18 December 2026 she gives him notice, which runs until 8 January 2027. His employment ends after 1 January, so the new rules apply: with more than 6 months’ service, Tom can claim unfair dismissal. Under the old rules, he’d have needed 2 years.
What to do now
-
Now
List every employee’s start date
Work out when each person reaches 6 months’ service. Anyone who started before July 2026 is past it on 1 January 2027. Use the free 6-month check
-
For every new starter
Hold probation reviews by month 5
Decide before the 6-month mark, follow a fair process and keep notes of what was said and decided.
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Before any dismissal in December
Check when the notice ends
If it runs into January 2027, the new rules apply.
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Write down your disciplinary and grievance procedures
Follow the Acas Code: investigate, invite them to a meeting with the evidence, let them bring a companion, confirm the decision in writing and offer an appeal.
-
Be ready to give reasons in writing
If someone with 6 months’ service asks why they were dismissed, you have 14 days to reply in writing.
-
Check fixed-term contracts
If one ends after 1 January 2027 and you don’t plan to renew it, treat it like any other dismissal.
How Maravier handles it
- The 6-month alarm flags each new starter at month 4 and walks you through a probation review, with reminders at months 4 and 5 and the letters to pass, extend or end it.
- We run every disciplinary and dismissal step by step: the letters, the timings and the records.
- Your HR expert checks every dismissal by the next working day, and the dismissal letter stays locked until they have.
You make the final call; we do everything else.
Can I let someone go who’s been here 5 months?
Mirith
This could end in a dismissal, so it’s one for your HR expert. I’ve passed it to Rachel with our chat. She’ll check the reason and the process with you, and prepare the letters.
All names are made up for the demo.
Sources
- Unfair dismissal rights, business.gov.uk
- The Employment Rights Act 2025 (Commencement No. 4 and Transitional and Saving Provisions) Regulations 2026, legislation.gov.uk
- Unfair dismissal, Acas
- Dismissal: your rights, gov.uk
- Code of Practice on disciplinary and grievance procedures, Acas
Checked against the law on 8 October 2026. General information, not legal advice.
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