LRD guides and handbook May 2015

Law at Work 2015

Chapter 12

Who should a claim be brought against?

[ch 12: page 405]

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