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TUC warns that 6 month qualifying period would leave more than 2 million workers at risk from unfair dismissal
The TUC recently (Monday) published new analysis which reveals more than 2 million workers (2,010,946) would be denied protection from unfair dismissal if a six-month qualifying period was implemented before those rights kick in.
- Employment Rights Bill was heard recently in the Lords as the Bill moves one step closer to Royal Assent
- Tory and Lib Dem amendments attempt to water down day one protection from unfair dismissal and banning exploitative zero hours contracts – both hugely popular across the political spectrum, including with Tory and Lib Dem voters
- TUC accuses some in the business community and on opposition benches of “wilfully misrepresenting” what unfair dismissal protection means – adding that employers can still have probation periods for staff
- Union body says “out of touch” Lords should “step aside” so government can deliver manifesto commitments on flagship workers’ rights bill
The Employment Rights Bill will ensure workers are protected from being sacked unfairly from day one in the job. It will also ban exploitative zero-hours contracts by giving workers a right to a contract which reflects their regular hours.
But it is being delayed by a series of amendments by Tory and Lib Dem peers, including one that would provide a loophole for workers to be denied a guaranteed hours contract and another that would introduce a qualifying period of 6 months for protection from unfair sackings.
TUC General Secretary Paul Nowak said Lords blocking the Bill should “step aside” so government can deliver its flagship workers’ rights bill that will improve the lives of millions of workers – a key manifesto commitment at the last election.
The TUC warns some in the business community – and on the opposition benches - are “willfully misrepresenting” the policy, and says employers can still have probation periods for staff, but they just won’t be able to sack staff unfairly.
International outlier
The TUC says the UK has some of the weakest unfair dismissal protections in the developed world – “leaving workers to shoulder all the risk while bad bosses get a free pass”.
At present, it is all too easy for employers to dismiss workers who haven’t yet met the two-year threshold to qualify for unfair dismissal protection. In many cases, bosses can legally terminate employment simply by issuing the required notice pay and instructing the worker not to return, without needing to provide a reason or follow any formal process.
Approximately 8.5m workers, who currently have less than two years’ service with their employer, don’t have protection from unfair dismissal – particularly younger and BME employees.
This is not only unfair but also deters employees from moving jobs and losing their protections – a barrier to labour market mobility. Currently, over half of employees aged under 30 (56 per cent) have been with their current employer for less than two years.
Hugely popular
Hope Not Hate’s recent mega poll reveals huge support across the public – including with Tory and Lib Dem voters.
The TUC says the Lib Dems and Tories are defying the will of the public – and their own supporters – by attempting to water down the Bill.
The polling reveals more than seven in 10 (71%) support workers being protected from unfair dismissal from the first day in the job, with less than two in 10 (17%) opposing. This includes over 6 in 10 (64%) Tory supporters and 3 in 4 (74%) Lib Dem supporters.
Separate polling from late last year showed that managers also backed workers from being protected from unfair sackings.
According to recent polling by the TUC and IPPR, a significant majority of managers (66 per cent) think giving employees protection from unfair dismissal on the first day of employment would have a positive impact on their business.
By contrast only 10 per cent thought day one protection from unfair dismissal protection would impact negatively.
TUC General Secretary Paul Nowak recently said:
“The UK has some of the weakest unfair dismissal protections in the developed world – leaving workers to shoulder all the risk while bad bosses get a free pass.
“The statutory protection period will do exactly what it says - protect workers from being sacked unfairly. This is just old fashioned common sense.
“Employers can still have probation periods for new staff - they just won’t be able fire them unfairly, at will, for no good reason.
“No one will be surprised that Tory Peers are voting against the best interests of working people. But Peers across the opposition benches should be wary of looking out of touch.
“The Lords’ amendment gives bad employers the licence to dismiss people unfairly - that is simply wrong and unjust.
“It’s time for Tory and Lib Dem Peers to step aside and stop blocking stronger rights for millions of workers.”
Editors note
- Workers denied protection from unfair sacking: 2,010,946 workers is the number of workers been with their employer less than six months, sourced from the Labour Force Survey Q2 2025 figures
- Report on insecure work: https://www.tuc.org.uk/sites/default/files/insecureworkbriefing2025.pdf
- About the TUC: The Trades Union Congress (TUC) exists to make the working world a better place for everyone. We bring together the 5.5 million working people who make up our 48 member unions. We support unions to grow and thrive, and we stand up for everyone who works for a living.
Contacts:
TUC press office
media@tuc.org.uk
020 7467 1248


