Entitlement to Protection

Employees with two years of continuous employment - whether full or part-time - generally have had rights not to be unfairly dismissed. From 1 January 2027, six months of continuous employment is enough where the employment ends on or after that date (or would have, if the statutory minimum notice had been given), even if notice was given before then. 

Continuous Employment

This commences from when the employee starts work and continues until the end of the notice period.

Employment is presumed to be continuous unless you, as the employer, can demonstrate otherwise. Absence, or even leaving the job temporarily due to sickness, injury, lay-off or other reasons may or may not affect continuity. If there are successive periods of employment and non-employment, continuity of employment will be assessed by taking into account the relative lengths of those periods and the underlying intent/expectations of the employer/employee. Mutuality of obligation between the parties is relevant for this purpose.

Continuity of employment will also normally be assumed in the event of transfer of an undertaking (TUPE transfer).

If an employee is coming up to two years of service and you wish to review the position, remember that employees can have unfair dismissal rights after two years less one week. This is because employees are entitled to a one-week statutory minimum notice period (unless their conduct justifies dismissal without notice), and this will give the requisite service to bring an unfair dismissal claim. From 1 January 2027, employees can have unfair dismissal rights after six months less one week (the statutory minimum notice, unless their conduct justifies dismissal without notice) where the employment ends on or after that date (or would have, if the statutory minimum notice had been given), even if notice was given before then.

Qualifying Period Inapplicable with Discrimination

Be especially careful where discrimination is alleged. In such cases, the qualifying period does not apply. It should also be noted that there is no limit on compensation levels in such discrimination cases.