Unfair dismissal is not becoming a day-one right — here is what actually changes

This one is worth writing down carefully, because a great deal of what was
published about it in 2024 and 2025 described a version of the law that never
came into force.

Where the confusion came from

The Employment Rights Bill, as originally introduced, proposed removing the
qualifying period altogether. That is what was reported, widely and accurately,
at the time. The provision was then amended before the Bill received Royal
Assent, and the version that became law sets the period at six months.

Because the original reporting was so heavy, a lot of the advice still
circulating online — including on sites that have not been updated since
— describes the day-one version. If you read something that says unfair
dismissal protection begins on your first day, it is describing a proposal, not
the law.

What the current position is

Six months is still a meaningful improvement. It brings protection forward by
eighteen months, and it covers a large group of people — those in their
first year in a job — who previously had almost none.

The rights that genuinely are day one

It is worth being clear about what does not require any qualifying service,
because this is where the real day-one protections sit:

• Automatically unfair dismissal. Dismissal for whistleblowing,
  for asserting a statutory right, for pregnancy, for trade union membership, or
  for a protected characteristic has never needed two years of service and never
  will. If any of these describe your situation, the qualifying period is not the
  relevant question.
• Paternity leave and ordinary parental leave became day-one
  rights on 6 April 2026.
• Statutory Sick Pay from the first day of illness, also from
  6 April 2026 — see our SSP
  calculator.
• Statutory notice after one month’s service, whatever a
  probation clause says. Our notice period
  calculator works out what you are owed.
• The 5.6 weeks of paid holiday, which accrues from the day you
  start.

What else is still to come

Several parts of the Act are scheduled rather than in force. As things stand:
dismissal and rehire becomes automatically unfair in most cases from January
2027; the zero-hours provisions — guaranteed hours, compensation for
cancelled shifts, reasonable notice of shifts — and the changes to flexible
working requests are expected during 2027, with dates still to be confirmed.

Dates on legislation move. If you are relying on one, check the current
position on Acas, which tracks the commencement timetable.

Why we wrote this one

We publish a corrections log because getting things
wrong in public is normal and hiding it is not. This post exists for the same
reason in reverse: a widely repeated claim about employment law is wrong, it is
the kind of thing people make decisions on, and saying so plainly is more useful
than another summary that repeats it.