Who should a claim be brought against? 



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 unfair 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 by the tribunal.