Who should the claim be brought against?

A claim should usually be brought against the transferee (the new employer) even if the employee does not transfer. This is because liability for the dismissal usually transfers to the new employer. However, this is not always the case, and this is a complex area, so legal advice must be taken. If there is any doubt about who the employer is, or as to whether the liability transferred, it is better to bring the claim against both employers, and for the issue to be resolved at an early stage by the tribunal.