Contract Law: Redundancy Update - Irish Employers May Now Have to Consider 'Bumping'

We asked Jeffrey Greene, Solicitor in McCann FitzGerald’s Employment Group, whether the concept of bumping is recognised in Ireland in the context of redundancies.

1. Summary

'Bumping' in a redundancy situation occurs when employee A’s position is to be made redundant, but employee A is instead moved into the position occupied by employee B and employee B is dismissed by reason of redundancy.

Bumping is a relatively well-established concept in the UK and, although not obligatory, a number of UK cases have considered the concept and provided guidance as to its use. However, the practice is almost non-existent in Ireland and has rarely been referred to in decisions of the Employment Appeals