Employment tribunals hear disputes between employees and employers — including claims for unfair dismissal, discrimination, and unpaid statutory entitlements. To bring a claim in 2026, you generally need two years of continuous employment for unfair dismissal, and you must contact ACAS for early conciliation before submitting any claim. The Employment Rights Act 2025 reduces the unfair dismissal qualifying period to six months from 1 January 2027. Updated June 2026.
The Employment Rights Act 2025 (Royal Assent 18 December 2025) makes two significant changes to unfair dismissal law, effective from 1 January 2027 (subject to confirmation — check GOV.UK):
The qualifying period for unfair dismissal claims reduces from two years to six months.
The cap on the compensatory award for unfair dismissal is removed — there will no longer be a statutory ceiling on the compensatory element of unfair dismissal compensation.
Fire-and-rehire dismissals become automatically unfair in most circumstances.
These changes are not yet in force. Throughout 2026, the two-year qualifying period and the existing compensatory award cap continue to apply. For the full picture of ERA 2025 changes, see the Employment Rights Act 2025 hub and the detailed page on ERA 2025 changes expected in 2027.
Frequently asked questions
Do I have the right to bring an unfair dismissal claim?+
You can bring an unfair dismissal claim if you are an employee with at least two years of continuous employment with the same employer — the qualifying period throughout 2026. From 1 January 2027, the qualifying period reduces to six months under the Employment Rights Act 2025. Workers (as opposed to employees) are not covered by unfair dismissal law. Source: Employment Rights Act 1996, s.94 and s.108 (as amended by ERA 2025, ss.20–22); gov.uk/employment-tribunals.
Must I contact ACAS before making an employment tribunal claim?+
Yes. You must notify ACAS and receive an early conciliation certificate before you can submit a tribunal claim. Early conciliation is a free service that gives both parties an opportunity to resolve the dispute without going to tribunal. The conciliation period is typically one calendar month. The limitation clock is paused during early conciliation. Source: Employment Tribunals Act 1996, s.18A; acas.org.uk/early-conciliation.
What is the time limit for making an employment tribunal claim?+
Most employment tribunal claims must be brought within three months (less one day) of the act complained of — for unfair dismissal, this is the effective date of termination. The early conciliation notification extends the deadline. Tribunals can accept late claims in limited circumstances where it was not reasonably practicable to claim in time, but this discretion is applied narrowly. Source: Employment Rights Act 1996, s.111; acas.org.uk/employment-tribunals.
When does the unfair dismissal qualifying period change under ERA 2025?+
From 1 January 2027, the qualifying period for unfair dismissal reduces from two years to six months under the Employment Rights Act 2025, ss.20–22. Throughout 2026, the two-year qualifying period continues to apply. The ERA 2025 also removes the cap on the compensatory award for unfair dismissal from 1 January 2027. Source: Employment Rights Act 2025, ss.20–22; acas.org.uk/employment-rights-act-2025.
What is constructive dismissal and how do I claim it?+
Constructive dismissal is where an employer's conduct is so serious — such as cutting your pay without consent, bullying, or fundamentally changing your job — that it amounts to a repudiatory breach of contract, entitling you to resign and treat yourself as having been dismissed. You can then bring an unfair dismissal claim, provided you have two years' qualifying service in 2026 (six months from January 2027 under ERA 2025). You must resign promptly after the breach without accepting the change. ACAS early conciliation is required before submitting a tribunal claim. Source: Employment Rights Act 1996, s.95(1)(c); acas.org.uk/dismissal/constructive-dismissal.
Can an employment tribunal order my employer to give me my job back?+
Yes. An employment tribunal can make an order for reinstatement (returning to your original job on the same terms) or re-engagement (returning to a comparable job on broadly similar terms) where unfair dismissal is found. In practice, tribunals make these orders rarely — most claimants prefer or accept a compensation award. If reinstatement or re-engagement is ordered and the employer refuses to comply, the tribunal awards additional compensation. These remedies are not available for wrongful dismissal claims. Source: Employment Rights Act 1996, s.113–117; acas.org.uk/employment-tribunals.