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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. You will need to have 12 months’ continuous employment, as the qualifying period for unfair dismissal still applies. Claims are made to an employment tribunal in the normal way.

However, if the dismissal is for an "economic, technical or organisational" (ETO) reason entailing changes in the workforce (for example dismissals among both newly transferred and pre-existing staff by reason of redundancy), then your dismissal will not necessarily be found by a tribunal to be automatically unfair.

Of course, even if there is an ETO reason for dismissal, the employer must still show that it followed proper procedures, that the dismissal was reasonable and that the employee has received his or her redundancy payment.