Protected from unfair dismissal for employment ending on or after Friday, 1 January 2027

Six months’ service complete
31 December 2026 — counts only where employment ends on or after 1 January 2027
Two years’ service complete
30 June 2028 — the rule for employment ending before 1 January 2027
Which rule gives the date
The changeover: six months are complete before 1 January 2027, so protection starts on that date.
Ending without statutory notice
The statutory week’s notice is added when counting service (ERA 1996 s.97(2)), so an ending on or after 25 December 2026 also counts.

The rule in one paragraph

Section 108 of the Employment Rights Act 1996 says an employee needs a qualifying period of continuous employment, ending with the effective date of termination, to claim ordinary unfair dismissal. Section 25 of the Employment Rights Act 2025 changes that period from two years to six months. S.I. 2026/559 brings the change into force on 1 January 2027 and says it applies wherever the effective date of termination is on or after that date — even if the dismissal was decided or notified earlier — and not where it falls before. The cap on the compensatory award goes on the same day.

Example start dates

First protected date for employment ending on or after…
Started6 months complete2 years completeProtected fromRule
Tue, 31 Dec 2024 Mon, 30 Jun 2025 Wed, 30 Dec 2026 Wed, 30 Dec 2026 Two-year rule (old)
Wed, 1 Jan 2025 Mon, 30 Jun 2025 Thu, 31 Dec 2026 Thu, 31 Dec 2026 Two-year rule (old)
Thu, 2 Jan 2025 Tue, 1 Jul 2025 Fri, 1 Jan 2027 Fri, 1 Jan 2027 Two-year rule (old)
Mon, 30 Jun 2025 Mon, 29 Dec 2025 Tue, 29 Jun 2027 Fri, 1 Jan 2027 1 January 2027 changeover
Sun, 1 Mar 2026 Mon, 31 Aug 2026 Tue, 29 Feb 2028 Fri, 1 Jan 2027 1 January 2027 changeover
Wed, 1 Jul 2026 Thu, 31 Dec 2026 Fri, 30 Jun 2028 Fri, 1 Jan 2027 1 January 2027 changeover
Thu, 2 Jul 2026 Fri, 1 Jan 2027 Sat, 1 Jul 2028 Fri, 1 Jan 2027 Six-month rule (new)
Mon, 31 Aug 2026 Sun, 28 Feb 2027 Wed, 30 Aug 2028 Sun, 28 Feb 2027 Six-month rule (new)
Fri, 15 Jan 2027 Wed, 14 Jul 2027 Sun, 14 Jan 2029 Wed, 14 Jul 2027 Six-month rule (new)
Tue, 31 Aug 2027 Tue, 29 Feb 2028 Thu, 30 Aug 2029 Tue, 29 Feb 2028 Six-month rule (new)

Statutory notice can move the date

If the employer ends employment without giving the statutory minimum notice (one week once someone has worked a month), section 97(2) of the 1996 Act adds that notice to the effective date of termination when counting the qualifying period. So employment ended without notice up to a week before the qualifying date can still count as having six months. The calculator shows this date for each person.

What to do with the date

Frequently asked questions

Who is protected on 1 January 2027?

Every employee with at least six months’ continuous service on that day — in practice anyone who started on or before 2 July 2026 — is protected for employment ending on or after 1 January 2027 (Acas; S.I. 2026/559).

Does it matter when notice was given?

The rule turns on the effective date of termination, not the date notice was given. If notice is given in December 2026 but employment ends on or after 1 January 2027, the six-month rule applies (S.I. 2026/559 regs 3–4).

Is the first day of work counted?

Yes. Continuous employment begins with the day the employee starts work (ERA 1996 s.211), so six months are complete on the day before the six-month anniversary.

Are there rights with no qualifying period?

Yes. Dismissal for an automatically unfair reason — such as whistleblowing, pregnancy, asserting a statutory right, health and safety, or (planned for January 2027) refusing a restricted contract change — needs no qualifying service. Discrimination protection also starts on day one.

What about someone who started on the 31st?

Where the later month has no matching date, the period is counted to the last day of that month: a start on 31 August 2026 completes six months on 28 February 2027. There is little case law on month-end starts, so treat these dates with care.

Sources

  1. Employment Rights Act 2025, section 25
  2. S.I. 2026/559 — Commencement No. 4 and Transitional and Saving Provisions (regs 3–4)
  3. Employment Rights Act 1996, s.97 (effective date of termination)
  4. Employment Rights Act 1996, s.211 (period of continuous employment)
  5. Pacitti Jones v O’Brien [2005] CSIH 56 (Court of Session)
  6. Acas — Probation periods (unfair dismissal from 1 January 2027)

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