Legislation provides that any dismissals that are due to the transfer of an
undertaking or, except for certain prescribed reasons, are for a reason
connected with the transfer, will be automatically unfair, and prescribes which
employer will be liable. It is important that organisations understand where
liability rests, not least so that, if desired, they can come to a private agreement
to apportion any liability between them.
This XpertHR “how to” guide sets out the legal considerations that both the
transferor and the transferee should take into account when dismissals are
proposed in the context of a transfer and addresses some practical scenarios
that may arise.