Samels v University of Creative Arts - in a redundancy situation there is no obligation on an employer to consider "bumping"

(1) In a redundancy situation an employer may use "bumping" (dismissing a less valuable employee to secure the necessary staff reduction). However it is not compulsory for it to consider this.

(2) Having found a dismissal procedurally unfair an Employment Tribunal must consider whether it should make a Polkey reduction to reflect the chance that dismissal would have followed a fair process in any event. It is a matter for fact for the tribunal to determine what that percentage chance may be.

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