Tim Russell Tim Russell - Employment Law Consultant  
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Timothy Russell
24 Upper Mall
London W6 9TA

Tel/Fax: +44 (0)20 8748 2169
Mobile: +44 (0) 7767 646 656

Email: advice@tim-russell.co.uk or tim@uppermall.co.uk

Case of the Month
4/2018
"Bumping"
In Mirab v Mentor Graphics (UK) Ltd the EAT held that an employee need not specifically raise "bumping" (e.g. giving an employee who is provisionally selected for redundancy the chance to stay and dismissing someone with less service instead) before an employer needs to consider it. But also held that there is no set rule that an employer must always consider bumping in order to dismiss fairly in a redundancy case. In practice it is always wise for an employer to consider (and be shown to have considered) "bumping" to minimise claims of unfair dismissal through an unfair selection process. Even if there is a genuine redundancy situation and bumping would not be a practical or reasonable solution.
 
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