Unfair Dismissal.
If you've searched "Can my employer just sack me?" or "unfair dismissal UK" in the last few months, you're not alone; it's consistently one of the most searched employment law topics in the country. And in 2026, there's a good reason it's getting even more traffic: the rules are changing.
Here's a breakdown of where things stand and what's coming.
What counts as unfair dismissal?
Unfair dismissal isn't just "I was fired, and I feel it is unfair." Legally, it means your employer ended your employment without a fair reason or without following a fair process even if the reason itself was valid.
Fair reasons for dismissal generally fall into one of these categories:
Conduct (e.g. serious misconduct or repeated issues after warnings)
Capability (performance or ill health)
Redundancy
A legal reason the job can't continue
"Some other substantial reason"
Even where one of these applies, your employer still has to follow a reasonable process, such as proper investigation, giving you a chance to respond, and consistency with how they treat others in similar situations. If they skip that, a dismissal that looked "fair" on paper can still be found unfair.
The two-year rule timeline.
Right now, you generally need two years' continuous service with your employer before you can bring an ordinary unfair dismissal claim. There are exceptions to this rule, such as dismissals related to pregnancy, whistleblowing, asserting a statutory right, or discrimination, which don't require two years' service at all.
This is one of the biggest changes on the horizon. From 1 January 2027, the qualifying period will change from two years to six months. Employees who already have six months' service on that date will gain protection immediately, so anyone in a job now, or starting before the end of June 2026, will likely be covered from day one of the new rules. The cap on compensatory awards is also being removed from the same date.
The time limit to act is also changing
If you want to bring a claim, you currently have to submit it to ACAS for early conciliation within three months minus one day of your dismissal. If you miss that window, you would be unable to bring a claim.
This is also expected to change: the government has signalled the time limit will extend to six months, though this isn't expected before October 2026 at the earliest. Until it's actually in force, the three-month limit still applies, so don't sit on a potential claim assuming you'll get longer.
What this means for you today
Under two years' service? You likely can't claim ordinary unfair dismissal yet, but check whether an automatic unfair dismissal ground applies (discrimination, whistleblowing, pregnancy-related, or asserting a statutory right); these don't need two years' service.
Just been dismissed? Don't wait to "see how you feel"; the three-month clock is running now, and ACAS early conciliation needs to happen within that window.
Not sure if the process was fair? Ask for the reason in writing and any notes from meetings. A rushed or one-sided process is often where a dismissal falls apart legally, even when the underlying reason wasn't unreasonable.
The bottom line
Unfair dismissal law in the UK is moving toward much broader protection much sooner in someone's employment, but we're in a transition period where the old two-year rule still applies until January 2027. Whether you're an employee wondering if you have a claim or an employer trying to get ahead of the changes, the safest move is to get the timing and the process right now, not after the fact. If you think this applies to you, you can also read our guide on how to challenge an unfair dismissal for a step-by-step walkthrough of the process.
Need advice on your situation?
Every dismissal is different, and the outcome often turns on details — dates, documentation, exactly what was said and when. If you think you might have an unfair dismissal claim or you're an employer wanting to get your process right before the 2027 changes land, Salem Legal Services can help. Book a consultation:
This post is general information, not legal advice on your specific situation. Always seek legal advice
