The legal position
As checked in September 2026, ordinary unfair-dismissal protection generally requires employee status and two years’ service. A fair reason and fair procedure matter. Many automatically unfair reasons do not require that service, and discrimination protection is separate. Wrongful dismissal concerns breach of contract, commonly notice. The planned ordinary unfair-dismissal qualifying period is six months from January 2027; do not apply it early or confuse it with a universal day-one right.
Source and attribution [1]Using it in practice
Before deciding, identify the actual reason, evidence, relevant process and any protected activity or characteristic. Review contractual notice and procedure separately from statutory fairness. Keep an open mind during the employee’s response and provide an appeal route where appropriate. A probation label does not switch off legal obligations. Use specialist advice for an individual decision with significant risk or disputed facts.
An example, not a reported case
Worked example · illustrative
A manager wants to dismiss a recent recruit for “poor fit” after the employee raised a safety concern. HR should investigate the actual chronology and evidence instead of relying on short service. It separates any genuine capability issue from protected activity and asks whether expectations, support and the process were fair. The exercise is fact-sensitive; no checklist can determine the outcome in advance.
What to watch for
Time limits can be short and are changing. Seek prompt advice on a live dispute rather than waiting for an internal process or a future reform.
Take it into your next conversation
Three useful questions.
- What is the real reason for dismissal?
- Could a separate protected right apply?
- Have contractual and statutory questions both been checked?
Related terms
Go to the evidence
Sources & attribution
Official guidance supports the legal overview. Application notes and examples are original editorial material, not individual legal advice. Check the linked source for changes and the full qualifications.
Published 2026-09-20 · Reviewed 2026-09-20. Editorial approach