Bumped Redundancy and the Range of Reasonable Responses: To what Extent, if any, should Employers Consider Bumping? Life after Mirab v Mentor Graphics Limited UKEAT/0172/17DA

Singh, C. 2019. Bumped Redundancy and the Range of Reasonable Responses: To what Extent, if any, should Employers Consider Bumping? Life after Mirab v Mentor Graphics Limited UKEAT/0172/17DA. Issues in Legal Scholarship . 17 (1), p. 20190007 20190007. https://doi.org/10.1515/ils-2019-0007

TitleBumped Redundancy and the Range of Reasonable Responses: To what Extent, if any, should Employers Consider Bumping? Life after Mirab v Mentor Graphics Limited UKEAT/0172/17DA
TypeJournal article
AuthorsSingh, C.
Abstract

Employers often face a plethora of issues in redundancy situations. Likewise, employees often fear or are overwhelmed by the prospect that they may be chosen for redundancy. Whilst these issues have been widely written about there is little discussion of ‘bumping’. When the issue appears in the employment tribunal, in cases such as Mirab v Mentor Graphics Limited, it is too late and the employer faces a successful unfair dismissal claim against it. Bumping occurs where an employer makes redundant a junior employee: one whose role has not identified as being at risk of redundancy. The result is that the more senior employee, one whose role was been identified as being at risk of redundancy, is placed into the junior role and therefore becomes subject to terms and conditions that are often less beneficial for example the junior role will inevitably come with a reduction in salary and/or perks. This article explores the legal issues that surround the instances in which an employer should consider ‘bumping’, its relationship with the band of reasonable responses and the resultant effect, if any, of failing to do so.

KeywordsLabour Law, Redundancy, Bumping, Employment Rights
Article number20190007
JournalIssues in Legal Scholarship
Journal citation17 (1), p. 20190007
ISSN1539-8323
Year2019
PublisherDe Grutyer
Accepted author manuscript
Publisher's version
Digital Object Identifier (DOI)https://doi.org/10.1515/ils-2019-0007
Publication dates
Published online26 Apr 2019

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