The short answer
As at 4 September 2026, an employee normally needs two years’ service to claim ordinary unfair dismissal in Great Britain. That does not make dismissal risk-free: automatically unfair reasons, discrimination, whistleblowing, contractual rights, notice and wrongful dismissal can apply regardless of service. ACAS says the ordinary qualifying period will reduce to six months from 1 January 2027.
What employers need to know
- Check the real reason before deciding to dismiss.
- Discrimination protection does not require two years’ service.
- Pregnancy, family leave, whistleblowing, health and safety and trade-union reasons can create automatic unfair-dismissal risk.
- Give contractual or statutory notice unless gross misconduct justifies summary dismissal.
- A short, documented and fair process is usually safer than immediate termination.
A practical process
Confirm service and status
Check the start date, employment status, contract and continuity of employment.
Screen for protected reasons
Review equality, whistleblowing, family leave, health and safety, working-time and statutory-right issues.
Establish the facts
Give the employee an opportunity to respond and consider relevant evidence.
Confirm the decision
Set out the reason, termination date, notice, final pay, property return and any appeal in writing.
Example
An employee with eight months’ service who recently raised a safety concern should not be dismissed as a simple ‘short-service’ case without examining possible whistleblowing or health-and-safety protection.
When to take advice
This is a high-risk decision. Obtain advice before dismissal if the employee has raised concerns, taken leave, disclosed a health condition or alleged unequal treatment.
Frequently asked questions
Can I dismiss without a warning under two years?
Sometimes, but the reason and circumstances still matter. A fair documented process helps identify discrimination, automatic-unfair and contractual risks.
Does probation remove employment rights?
No. Probation is contractual; statutory rights still apply.
Official and primary sources
General information for employers in Great Britain, not legal advice. Check current official guidance and obtain advice for your circumstances.