Employment Rights Bill update – protection from unfair dismissal after 6 months of employment

28 November 2025

Employees currently need to have two years continuous service before they are entitled to make an employment tribunal claim if they feel they have been unfairly dismissed.

As part of the employment rights bill the government proposed that employees would have the right from day one of employment to claim unfair dismissal.

However, following consultation with business representatives and the trade unions and the ‘ping pong’ process of discussion between the House of Lords and the House of Commons, the government has now agreed that the right will be effective after 6 months of employment.

The existing right to claim unfair dismissal on the grounds of discrimination or automatically unfair grounds for dismissal (for example, being pregnant or on maternity leave) remains a day one right and is unchanged.

The employment rights bill requires royal assent before any of the measures from the bill can be implemented. Once this has been received, we will be in touch to confirm the contents of the legislation.

Further details are available online here.