Is redundancy bumping legal?
Redundancy bumping, despite the potential injustice to the employee who is ultimately dismissed by reason of redundancy, is lawful provided the correct procedure is followed in respect of the bumped employee’s dismissal.
What does bumping mean in the workplace?
Bumping is the right of a senior employee to replace a less senior employee in a particular assignment or job for which both employees are qualified.
What is a bumping process?
Bumping is the process of moving a potentially redundant employee (A) into another role, and dismissing the employee currently performing that role (B). It must be the transfer of the “bumping” employee (A) that causes the “bumped” employee (B) to lose their job.
What is a bumping right?
Bumping Rights: Bumping rights provide for an employee to displace another employee due to a layoff or other employment action as defined in a collective bargaining agreement, employer policy, or other binding agreement. These rights are often created through a seniority system.
Do you have to consider bumping?
Bumping does need to be part of the overall assessment an employer makes when they are following a fair redundancy process, so even if you are dealing with what may seem to be a standalone redundancy, it does mean that you need to look at the wider picture across the organisation to think about whether there is any …
Can you fight redundancy?
You can challenge your redundancy if you: have worked for your employer for at least 2 years and you think it wasn’t a genuine redundancy or your employer didn’t follow a fair redundancy selection process. think there was an ‘automatically unfair’ reason for your redundancy.
Does an employer have to consider bumping?
When an employer is looking to make redundancies, they may have to consider redundancy bumping as an option during a fair process. However, they are not obliged to commit to redundancy bumping.
What does bumping mean in union?
A bump is a reassignment of jobs on the basis of seniority in unionised organisations in the private or public sector. For example, if a job becomes vacant, more than one person may be reassigned to different tasks or ranks on the basis of who has worked for the organisation longer.
What does subject to bumping mean?
Subject to bumping means that the employee holding the job in question can be displaced by another employee in terms of applicable bumping rights.
Can a redundancy be retracted?
Once notice of redundancy has been issued to an employee, it is legally binding and cannot be unilaterally withdrawn by the employer, even if the employee is still working out their notice period.
How do you argue against redundancy?
You should speak to your employer if you don’t think they’re following a fair redundancy process or you think you’ve been unfairly selected. You could write a letter, explaining why you think your redundancy is unfair and asking them to reconsider their decision.