A note on Redundancy Bumping. Bumping is the process of moving a potentially redundant employee into another role, and dismissing the employee currently performing that role. Here are my notes.
From Employment Solicitor, we have a clear definition,
Bumping is the process of moving a potentially redundant employee (A) into another role, and dismissing the employee currently performing that role (B).
The author also has some good summaries of factors of relevance and fair and unfair use cases.
Here’s Thompsons, on the seminal case, Mirab v Mentor Graphics (UK) Ltd, where what seems a very poor tribunal ruling was overruled by the EAT.
I am particularly unimpressed with the original tribunal argument that an appeal can be inadequate if the original decision was sound; particularly as the original decision was not sound. The clear conclusion is that unless bumping is considered by management
The conclusion I draw is that “bumping” is legal but the selection for redundancy must remain fair and objective. Bogus redundancy pools, created for a specific outcome, are not permitted.
Featured image, from flickr, Jessica Mulley CC 2009 BY-NC-ND