Redeployment within the company

Suitable alternative job offers

If your employer intends to make you redundant, they must consider whether there are other jobs available which you would be capable of doing.

If a suitable job is available, your employer should offer it to you instead of making you redundant.

If a suitable job is available, but your employer fails to offer it to you without a good reason, this could mean that you have been automatically unfairly dismissed  and you can make a claim to an employment tribunal.

Whether the alternative job that your employer offers you is suitable will depend on a number of things. These include:

• whether the job is similar to your old one
• the sort of job it is
• the pay & status you will get
• the hours you'll have to work
• where the job is located
• your skills, abilities and personal circumstances.

Your employer doesn't have to offer you a similar sort of job or a job in the same workplace.
The offer of alternative employment must be made before your current job ends. The offer can be made in writing or verbally. You must be given enough details about the new job so you know what the difference is between this one and your current job.


If you refuse an alternative job offer
If your employer offers you a suitable alternative job and you turn it down without a good reason, you may lose any right you may have to statutory redundancy pay

You and your employer may disagree about whether a job is suitable or whether your refusal is unreasonable. If this is the case, you can ask an employment tribunal to decide whether you are entitled to redundancy pay.


Trying out an alternative job
If you’re considering the offer of an alternative job with your employer, you have a right to try out the job before you decide whether or not to take it.

You can work in the new job for a trial period of four weeks. The trial period will start immediately after your previous job ended.

If you decide the new job isn't suitable, you can give notice during the trial period without affecting any right you might have to statutory redundancy pay.  If you haven't given notice by the end of the trial period, your right to redundancy pay ends.

Your employer may offer you a number of alternative jobs. Each offer must give you enough details about the job about the new job so you know what the difference is between this one and your current job.

You are entitled to a trial period in each job if you want it.

Redundancy or dismissal?

Redundancy is a type of dismissal.  The law says that is fair for employers to dismiss an employee for one of the following reasons:

• Misconduct at work.
• Lack of capability (or qualifications) to do the job.
• Redundancy.
• A statutory requirement.
• Some other substantial reason.

However, the employer MUST be able to demonstrate their reasoning behind dismissing you.  If they don't you can take your case to an Employment Tribunal.

What is unfair dismissal?


You have up to 1 year to complain to an Employment Tribunal if you think your dismissal was unfair.

Follow this link for what an unfair dismissal case could result in


What is an automatically unfair dismissal?


Certain dismissals are “automatically unfair” in which case you just have to show that the dismissal was for one of the following reasons:

• Membership (or non membership) of a trade union or for trade union activities.
• Health and safety.
• Bringing proceedings against the employer for breaking certain statutory employment rights.
• Unlawful discrimination on grounds of one of the protected characteristics.
• When the employee’s work is transferred to another employer, under the Transfer of Undertakings (Protection of Employment) Regulations (TUPE).
• Refusing to forego a right under the Working Time Regulations.
• Seeking to enforce rights under the National Minimum Wage Act.
• Making a protected disclosure under the whistle blowing legislation.
• Trying to obtain (or prevent) recognition of an independent trade union.
• Seeking to exercise the right to be accompanied at a grievance or disciplinary hearing.
• Taking part in lawful industrial action.
• In connection with the employee’s rights with regard to parental, paternity or adoption leave, time off for looking after dependants, maternity leave or the right to ask to work flexibly.
• Taking action in connection with part-time workers’ or fixed-term workers’ rights.
• Refusal by a shop worker to work on Sunday.
• Connected with an employee’s function as a pension fund trustee.
• In breach of the Information and Consultation Regulations 2004.