What if an employee is dismissed pre-transfer and reinstated post-transfer?

An employee dismissed by a transferor who appeals successfully and is reinstated by the transferor after the transfer is likely to transfer under TUPE (G4S Justice Services (UK) Limited v Anstey [2006] UKEAT 0698/05/3003). This is because the effect of a successful appeal is for the dismissal to “vanish” so that where an appeal succeeds after the transfer date, the transferee is obliged to reinstate the employee. In Bangura v Southern Cross Healthcare Group PLC [2013] UKEAT 0432/121203, the EAT confirmed that the mere fact that an appeal is pending at the time of the transfer will not transfer the employment. Only if an appeal succeeds will the employment transfer.