Can I dismiss someone with less than two years' service?
Answered by Samantha Newton FCIPD, Chartered Fellow CIPD · Last reviewed August 2026
For now, yes, you've got more room. An ordinary unfair dismissal claim usually needs two years' service. But that's changing fast. From 2027 the qualifying period drops to six months, so that safety window is shrinking. Don't build a decision around it.
And here's the catch. Some claims apply from day one, no matter how long someone's been with you. Discrimination, whistleblowing, pregnancy, standing up for a legal right, none of them need any service, and discrimination payouts have no cap. Short service lowers one risk. It doesn't remove the rest. So still dismiss for a real reason, and do it properly.
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Every situation has its own details, and those details change the right answer. For a read on yours, take the free Employee Situation Check or book a call.
General guidance to help you decide your next step, not legal advice. Employment law changes, so always check the current position for your own situation.
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