UK · employmentSources checked
How long must a UK employee work before they can claim unfair dismissal?
Under section 108(1) of the Employment Rights Act 1996, an employee normally needs two years of continuous employment, ending with the effective date of termination, before bringing an ordinary unfair dismissal claim. The two-year figure has applied since 6 April 2012, when it replaced one year.
Sources
- Employment Rights Act 1996, section 108 (Qualifying period of employment)legislation.gov.uk · checked 17 August 2026 · Latest available (Revised) version, with changes incorporated up to 15 August 2026. The two-year period was set by the Unfair Dismissal and Statement of Reasons for Dismissal (Variation of Qualifying Period) Order 2012, in force 6 April 2012.
Related questions
- Is there any exception to the two-year period?
- Yes. Section 108(2) reduces the qualifying period to one month where the dismissal is for a reason referred to in section 64(2).
- Does the two-year clock run to the dismissal date?
- Section 108(1) measures continuous employment ending with the effective date of termination, so it is that date the period is counted to.
What this answer does not cover
- Certain categories of dismissal are treated differently elsewhere in the Act. This page covers only the general qualifying period in section 108.
- Whether a particular dismissal was fair is a separate question from whether the employee is qualified to bring the claim.
