Redeployment - do I need to apply?

In theory no.  Your employer should reasonably offer you any suitable alternative employment within the organisation.

However, your employer may not know about all your skills and may feel that a vacant post is not "suitable" alternative employment for you.

Take no chances.  Speak to the personnel manager who has been dealing with the restructure and push your name forward with a CV that has been tailored for this particular post.  Put your application in writing.

If your employer does not want to accept the application, you have evidence that they have not acted fairly and you have a case for an employment tribunal.

Redeployment - how employers can select

If you have got to the stage where your post is made redundant, but there are other jobs available within the organisation, your employer needs to let you know how candidates are going to be selected.  This could be by: -

• slotted in - a new post may contain about 80% of your current activities.  You then have a claim for being slotted into the new post.  
• ring-fencing - a number of individuals may be ring-fenced to a particular post.  This is usually when the new job contains about 2/3rd of your old job.  
• competitive interview - this could be open to general applicants or to a narrow group who have been ring-fenced 
• Panel selection - a group with meet to review the specifications of the proposed post, and will compare candidates by means of relevant skills, knowledge, experience, flexibility and adaptability, aptitude and approach to work, to ensure that the skills and experience are appropriate to the organisation’s future operating needs

Note that if new posts are available within the organisation, the posts should be first offered to those employees who would otherwise have been made redundant.

In accordance with statutory provisions, if you unreasonably refuses a slotted in position (i.e. suitable alternative employment) you will forfeit your right to any redundancy payment and any enhanced pension membership purchased on your behalf.  You should be advised of this likely decision in advance, which will allow you an opportunity to re-consider !

On a general basis, if people are at risk, then they should, all things being equal, be offered ANY suitable  alternative vacancy first.  However, note that although an employer is required to make all reasonable efforts to avoid redundancy, there is no legal obligations abut ring-fencing and slotting in criteria.  One more good reason to stay polite right to the end.

Time off for job hunting

If you have been continuously employed for two years by the date your notice expires, you are allowed a reasonable amount of time off during your notice period to:

• look for another job
• arrange training to help you find another job

How long you can take will depend on your circumstances. If you attend an interview or two and do not take excessive amounts of travelling time, then this is likely to be reasonable.

Whatever the amount of time off you take, your employer only has to pay you up to two-fifths of a week's pay for it.

For example, if you work five days a week and you take four days off in total during the whole notice period, your employer only has to pay you for the first two days.

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 pay - the risk

You will put any settlement at risk if you

• are offered alternative work by your employer
• refuse alternative work offered to you by your employer without good reason
• if you accept alternative work by your employer, do not agree a suitable trial period and then leave after a short period.