Does an employee need a minimum period of service to bring a claim of unfair dismissal when dismissed by reason of a TUPE transfer?
Yes. The general law on qualification for the right to claim unfair dismissal still applies in situations where a relevant transfer occurs. The employee will need to have a minimum of two years' continuous service to be able to make a claim for unfair dismissal, even where the dismissal is automatically unfair because it is by reason of the transfer. This is because the purpose of TUPE is to preserve employees' rights, not to enhance them.