Contact our offices
Redundancy bumping, also known as transferred redundancy, occurs when an employee whose role is at risk of redundancy is moved into another employee's job, subsequently making the second employee redundant. Employers typically consider redundancy bumping as an alternative to dismissal, aiming to retain skilled or experienced employees by reallocating roles within the business.
Yes, redundancy bumping can be considered fair in UK employment law if properly conducted following a thorough consultation process. Employers must show they've explored bumping as an option, especially in cases where the affected employee has the required skills to fill an alternative position within the organisation. A fair redundancy process involves considering bumping and clearly documenting the decision-making justification.
Redundancy bumping usually applies where an employer wishes to retain particular skills or seniority within their team. For instance, if an employee occupying a senior position faces redundancy due to business restructuring, employers might 'bump' that individual into a more junior role—displacing another employee—to retain valuable experience or expertise.
No direct legal entitlement exists for an employee to insist on redundancy bumping. However, employment tribunals in the UK have indicated employers should consider bumping options as part of a fair redundancy procedure. Failure to appropriately consider bumping may lead to claims for unfair dismissal, particularly if the employee could reasonably have filled another suitable position.
Employers considering redundancy bumping should evaluate the following criteria:
Yes, redundancy bumping can be challenged if employees feel unfairly treated or selected. An employee made redundant through bumping may bring a claim for unfair dismissal if they believe the process was unjustified, inadequately consulted, or discriminatory. Employers must document their rationale clearly and show they considered less damaging alternatives before reaching a decision.
When considering bumping, employers should:
If an employer fails to consider redundancy bumping where appropriate, they risk unfair dismissal claims. Employment tribunals may deem redundancy procedures unfair if employers neglect alternatives without a justifiable reason. Therefore, documenting consideration of bumping, even if ultimately not pursued, is essential to show a transparent and fair redundancy process.
If you think your redundancy is unfair and believe your employer did not consider redundancy bumping when they should have, then we may be able to help you to make an unfair dismissal claim. Also, if you have been dismissed due to redundancy bumping and you believe it was due to discrimination or that the process was unfair then you may be able to bring a claim against your employer. Our expert solicitors are highly experienced when it comes to dealing with employment disputes and employment tribunals. Contact us today on 0161 696 6170.
loading staff
UK care home found by employment tribunal to have racially discriminated against nurse
The Equality Act 2010 protects individuals from discrimination, including discrimination on the grounds of race. However, despite the Act being in place, discrimination remains a persistent problem in the course of employment nationwide. A recent employment...
Despite progress in tackling racism in present day, Race Equality Week aims to address current issues and encourage improvement in equality, diversity and inclusion across all organisations. What is considered race discrimination ? Section 9 of the...
Employment for you reorder
