Insights · For lawyers Moving jobs when unfair dismissal protection starts after six months

This is general information, not legal advice. It was checked on 22 October 2026. For your own contract, speak to Acas or an employment solicitor.

What is changing, and when?#

Ordinary unfair dismissal protection will start after six months in a job instead of two years, from 1 January 2027. Section 25 of the Employment Rights Act 2025 makes the change. It replaces "two years" with "six months" in the Employment Rights Act 1996 (legislation.gov.uk).

The commencement regulations then set the date. Regulation 3 brings section 25 into force on 1 January 2027 (SI 2026/559).

It has not started yet. Business.gov.uk, on a page updated on 30 July 2026, gives 1 January 2027 as the start. Acas, on a page updated on 27 October 2026, still describes the change as due in January 2027. We looked for a later change to the date and found none. Check GOV.UK again before you rely on it.

• 6 months6 months

  of service before ordinary unfair dismissal protection starts, from 1 January 2027

  Employment Rights Act 2025, section 25

• 2 years2 years

  of service needed now, for dismissals that end before 1 January 2027

  Acas, unfair dismissal, updated 27 October 2026

• 1 week1 week

  minimum notice an employee must give after one month in a job, unless the contract says more

  Employment Rights Act 1996, section 86

The same section removes the cap on the compensatory award. Business.gov.uk says that happens from the same date, and that awards still follow proven loss.

Who does the six-month rule affect?#

It affects employees in England, Scotland and Wales who are dismissed on or after 1 January 2027 and have six months' service by the day their employment ends. It does not apply in Northern Ireland (Business.gov.uk).

The transitional rule is about the end date. Regulation 4 says the change applies where the effective date of termination falls on or after 1 January 2027. That is the day employment ends. It applies even if the dismissal was notified before that date (regulation 4). Dismissals that end earlier stay under the two-year rule.

Two practical points follow.

1. Statutory notice counts as service for the qualifying period, even if the employer did not give it, says Business.gov.uk.
2. Not renewing a fixed-term contract counts as a dismissal. That matters for maternity cover and secondments.

If you already have six months in your current job, the six-month rule can apply to you where your employment ends on or after 1 January 2027 (Business.gov.uk and regulation 4). The rule looks at service with your employer. Moving to a new firm generally starts a new count. Ask whether any earlier job counts. GOV.UK says the written statement also records the date of any previous job that counts towards continuous employment (GOV.UK).

Before 1 January 2027, the same lawyer starting on 1 September 2026 would have needed two years. Take advice on how your own service is counted.

What does the change not alter?#

It does not remove probation periods, notice periods or a firm's right to dismiss for a fair reason. Business.gov.uk says employers can still dismiss for reasons such as poor performance if the decision is fair and follows a suitable process.

Some protections already need no minimum service. Acas says an employee does not need two years' service to claim automatically unfair dismissal. Its examples include whistleblowing, pregnancy, family leave, flexible working requests and acting on a health and safety issue. It says discrimination claims need no minimum service either. GOV.UK lists nine protected characteristics and mentions no length of service (discrimination). GOV.UK also says a worker who blows the whistle should not lose their job for it (whistleblowing).

Short probation does not suit every role, says Acas. Technical and specialist roles are its example. A firm may set a probation longer than six months. Ask.

Should you move before or after 1 January 2027?#

The date should not decide the move on its own. The six-month window opens on your start date whether you join in November 2026 or in March 2027. Waiting until the new year changes the calendar, not the length of the window.

If you start a new role in the last months of 2026, your six months finish in 2027. The new rule is the one that covers you. A move now and a move in January give you the same six-month window. Whether to move is your decision, and it depends on the role, not on a date.

Think about what you give up. A lawyer with several years at one firm holds full protection there. A new firm starts a fresh count in most cases. Under the old rule, that gap was two years. From 1 January 2027, it is six months.

The best reasons to move are still supervision, caseload, pay and progression. The ONS found that in 2018 people who changed employer saw median hourly earnings growth of 7.3%, against 3.0% for those who stayed. That is all jobs, not law, and the 2018 figures were provisional. It is still a reminder that moves often pay.

How should you use a probation period and written terms?#

Treat probation as a set of written terms you can ask about, not a hurdle you hope to clear. The law does not require a probation period, and Acas says it can be any length. That makes the length and the conditions a matter for the offer letter.

An employer must give a written statement on the first day. GOV.UK says the principal statement must state how long any probation period is and what its conditions are. The employer must also give information on notice periods on day one. Do not wait for day one. Ask before you resign.

You can resign during probation. Acas says you must give the correct notice, either the statutory minimum or what your contract says. For an employee, that minimum is one week once you have been in the job a month (section 86). Your contract may be longer. A 2022 tribunal ruling about a solicitor who resigned in 2021 found three months' notice in that solicitor's contract (Legal Futures). Read our guide to how long a solicitor's notice period is.

What should you ask a new firm?#

Ask about probation, notice, reviews and supervision. These four decide how a first six months feels. Ask them politely and early. A good firm answers without fuss.

1. How long is probation, and what are its conditions?
2. What notice applies during probation, in each direction?
3. When are the reviews, and who conducts them?
4. Who supervises my work day to day, and how often will we meet?
5. What would a pass look like, in writing?
6. What did the last person in this role do next?

If an answer begins "we will see", note it. For junior lawyers, our guide on how to check supervision before your first law job goes through the questions in more detail. Look at the advert too. A role that shows its pay and working pattern gives you something to hold the offer letter against. Our guide to reading a legal job advert explains what to look for.

If the firm will not put probation terms in writing before you resign, treat that as information about the firm.

What is the timeline of a move?#

A move takes as long as your notice period plus the hiring process, and the date that matters most is the day your employment ends at the old firm. Below is one illustrative path. Your notice period and start date will differ.

Your notice period may be shorter or longer than three months. Check your own contract, and ask your new firm whether a start date can fit your notice.

What is a sensible next step?#

Write down what you need from the next role, then ask for it in writing. Start with the four questions above. Then compare offers on supervision and caseload as well as salary. The pay or earnings basis and the working pattern are on each advert on the jobs page, and our salary guide shows what roles in your area pay. If you work in conveyancing, caseload is the first thing to ask.

The candidates page explains how we work with lawyers. Speaking to us costs you nothing, a named person looks after you, and no CV goes to a firm without your say so.

Sources

• legislation.gov.uk: Employment Rights Act 2025, section 25 (right not to be unfairly dismissed: qualifying period and compensation)
• legislation.gov.uk: Employment Rights Act 2025, section 25 as enacted
• legislation.gov.uk: Employment Rights Act 2025 (Commencement No. 4 and Transitional and Saving Provisions) Regulations 2026, regulation 3
• legislation.gov.uk: Commencement No. 4 Regulations 2026, regulation 4 (transitional and saving provisions)
• Business.gov.uk: unfair dismissal rights (employment changes, page updated 30 July 2026)
• Acas: probation periods (page updated 7 October 2026)
• Acas: unfair dismissal (page updated 27 October 2026)
• Acas: notice periods (page updated 24 November 2025)
• legislation.gov.uk: Employment Rights Act 1996, section 86 (rights of employer and employee to minimum notice)
• GOV.UK: giving notice when you resign
• GOV.UK: written statement of employment particulars
• GOV.UK: whistleblowing
• GOV.UK: discrimination, your rights
• ONS: analysis of job changers and stayers (2019)
• Legal Futures: law firm entitled to dismiss solicitor for not passing on complaints (2022)

This is general information, not legal advice. Where a figure comes from another organisation, the source is above, and we say when it is dated.