If we are dismissed by our new employer after a business transfer can we claim unfair dismissal?

If the reason for dismissal, whether by the original employer or the new employer, is connected with the transfer, then the dismissal is automatically unfair.

There is no qualifying period for automatically unfair dismissals and claims are made to an employment tribunal in the normal way.

However, if the dismissal is for an "economic, technical or organizational" reason entailing changes in the workforce (for example dismissals by reason of redundancy), then it will not automatically be unfair.

The employer must still show that the dismissal was reasonable and must have followed proper procedures. In such cases, it is likely that the employee would be entitled to a redundancy payment.