How long do you have to work somewhere to claim unfair dismissal?
Short answer
Two years of continuous employment for an ordinary unfair dismissal claim, counted from your first day including probation. No qualifying period applies to automatically unfair dismissals — whistleblowing, pregnancy, trade union activity or asserting a statutory right — which can be claimed from day one.
For an ordinary unfair dismissal claim you need two years of continuous employment with the same employer at the date your employment ends. The clock starts on your first day of work — probationary periods count towards it.
The exceptions that apply from day one
Some dismissals are automatically unfair whatever your length of service. You can claim with any amount of service if you were dismissed for:
- Pregnancy, maternity, paternity or adoption leave
- Making a protected disclosure (whistleblowing)
- Trade union membership or activities
- Asserting a statutory right — for example claiming the minimum wage
- Taking part in protected industrial action, jury service or certain public duties
- Reasons connected with a TUPE transfer
Discrimination claims under the Equality Act 2010 also have no qualifying period — a dismissal because of a protected characteristic can be challenged from day one, and short-service employees often frame claims this way. Note that only employees can claim unfair dismissal; workers and the genuinely self-employed cannot, though workers have other protections such as unlawful deduction from wages.
Deadlines matter more than most people realise
Whatever your service, the time limit is tight: you must notify Acas for Early Conciliation within three months less one day of the effective date of termination. Early Conciliation pauses the clock while Acas tries to broker a settlement; if it fails you then have at least a month to lodge the ET1. Missing the deadline almost always kills the claim. Our tribunal deadline calculator works out your dates.
Two further points worth knowing. If you resigned because of your employer's fundamental breach of contract, that can be constructive dismissal — but the same two-year rule applies to it. And the Employment Rights Act 2025 will eventually remove the two-year qualifying period, making unfair dismissal a day-one right with a lighter-touch regime during a statutory initial period — those provisions are not yet in force, so check the current position before relying on them.
Related guides
Unfair Dismissal Overview
Being dismissed from a job is stressful. If your employer lacked a valid reason or did not follow a fair procedure, you may have been unfairly dismissed and be entitled to compensation. This guide explains the law and what to do.
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Constructive Dismissal
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