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Unfair dismissal: qualifying conditions for claiming

Explains who can bring an unfair dismissal claim, including employee status, qualifying service, exclusions, overseas working, and the time limits for making a claim.

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By Max Winthrop

This guide defines the qualifying conditions to bring a claim for unfair dismissal. To bring a claim, the key requirements are that the individual must be an employee; have been dismissed; and have been continuously employed for a period of at least two years ending with the effective date of termination.

In this guide, learn about:

  • Requirement to be employee
  • Requirement to have been dismissed
  • Two years’ continuous service requirement
  • Excluded employees
  • Employees working abroad
  • Time limits for claims
  • Future developments
    • Reduction in qualifying period for unfair dismissal
    • Time limits for claims

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Latest updates

Updated to reflect that the Employment Rights Bill received Royal Assent on 18 December 2025.

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Brightmine

With more than 10,000 customers, Brightmine is a leading global provider of people data, analytics and insight – empowering HR leaders to deliver brighter business outcomes.

For more than two decades, Brightmine, formerly XpertHR, has continued to help HR leaders confidently navigate the evolving world of work through our unique combination of critical workforce data, AI-enabled technology, and trusted HR expertise.

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