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" reason entailing changes in the workforce (for example dismissals among both newly transferred and pre-existing staff by reason of redundancy), then it will not be automatically unfair. The employer must still show that the dismissal was reasonable and must have followed proper procedures. In such cases, the employee should expect to receive a redundancy payment.
