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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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About the author

Max Winthrop

Max Winthrop is a partner at Sintons LLP. Noted by both Chambers Guide to the Legal Profession and the Legal 500 as a leading practitioner in employment law, Max regularly appears in tribunals up and down the country as well as in the appeal courts. Max has lectured in employment law at Durham University and he was the chair of the Law Society’s influential Employment Law Committee from 2017-2020. As chair, he has been actively involved in employment law developments, including giving evidence to parliamentary committees.

Max is regularly quoted in national publications such as the Times and the Financial Times, and he has appeared on BBC Radio 4 and LBC as well as BBC and Channel 5 TV.

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