UK plans unfair dismissal wait cut to six months

Here’s what’s changing and when. After talks between trade unions and business groups, the Government says the Employment Rights Bill will stay on track. The headline shift is that protection from unfair dismissal will start after six months in a job rather than after two years. In return, ministers say day‑one sick pay and paternity leave will begin in April 2026, and a new Fair Work Agency will support enforcement. The official update was published on 27 November 2025.

For you as a worker or manager, the rule is this: for ordinary unfair dismissal claims you’ll need at least six months’ service. The existing day‑one protections still stand - no one can be sacked lawfully for discriminatory reasons or for reasons the law treats as automatically unfair. The Government also says the compensation cap for unfair dismissal will be removed, and any future change to the qualifying period must go through Parliament as primary legislation rather than a quick regulation.

Plain‑English check. If someone is let go at five months, a standard unfair dismissal claim won’t usually be available; if the reason is discriminatory or automatically unfair, they can still claim from day one. From six months onwards, tribunals can look at whether the decision and process were fair. Lifting the cap means potential awards can reflect actual loss, so early conversations, notes of meetings and consistent processes matter even more.

On day‑one rights, two big changes are scheduled for April 2026. Statutory sick pay will start from the first day off work rather than day four, and paternity leave will be available from day one in a new job. The detailed rules will be set in secondary legislation and guidance ahead of launch, and the Fair Work Agency is due to help employers and workers understand and enforce the law.

Why six months and not day one? Reporting today shows ministers stepped back from a day‑one unfair dismissal plan after pushback in the House of Lords and concerns from business groups. Trade unions accepted six months to avoid delaying wider reforms such as day‑one sick pay, and a previously floated nine‑month probation carve‑out has been dropped.

What this means if you’re starting a job in 2026. Note your start date and any probation terms in your contract; ask for clear goals and regular feedback; keep copies of emails and notes of meetings; and if issues crop up, speak to your union or contact Acas early for impartial advice. Day‑one rights for sick pay and paternity leave mean you should not be told to wait months before using them once they begin.

What this means if you run a small team. Build time into early 2026 to refresh contracts and handbooks; make sure managers know how to run fair reviews at one, three and six months; plan for sick‑pay costs from day one and ensure payroll is ready; and keep clear records of decisions. Good paperwork and consistent practice will save stress for everyone.

A quick explainer on the law‑making bit. Primary legislation means Parliament must pass a new Act to change the six‑month threshold. Secondary legislation deals with the practical rules that sit underneath and usually follows consultation. That’s why you’ll see more guidance and statutory instruments through 2026 before the new rights go live.

What happens next. The Bill still needs Royal Assent, after which the Government will run consultations on the detailed rules so employers and HR systems can prepare in time. The stated timetable is April 2026 for day‑one sick pay and paternity leave, with the Fair Work Agency slated to start work alongside the new rights.

If you need help, talk to your union rep, HR or Acas. This piece is general information for learning and planning - not legal advice. The safest approach over the next few months is to check official updates before changing contracts or taking action on a dismissal so you’re working with the most current rules.