Redeployment Before Dismissal

Considering redeployment before dismissal is often required for fair dismissal and is a legal duty in certain situations.

When Redeployment Applies

Redundancy

Most important - employers must:

• Consider suitable alternative employment
• Offer available vacancies
• Give priority to those at risk
• Special priority for maternity leave

Capability/Performance

Good practice to consider:

• Alternative roles employee could do
• Less demanding positions
• Different departments

Disability

Legal duty to consider:

• Redeployment as reasonable adjustment
• Alternative roles removing barriers
• Before deciding dismissal is necessary

Other Situations

May also be relevant for:

• Ill health dismissal
• SOSR (business reorganisation)
• Breakdown in relationships

Redundancy and Redeployment

Employer's Duty

When making redundancies, employer should:

Action	Requirement
Identify alternatives	What suitable roles exist?
Offer to at-risk employees	Before dismissal
Allow trial period	4 weeks statutory
Consider priority groups	Maternity leave employees

Suitable Alternative Employment

To be "suitable":

• Comparable status
• Comparable pay
• Reasonable location
• Skills match
• Not a demotion (unless agreed)

Trial Period

Statutory 4-week trial period:

• Test whether role is suitable
• Can leave during trial without losing redundancy rights
• Can be extended by agreement
• For retraining purposes

Refusing Alternative

Situation	Outcome
Suitable role, reasonable refusal	Keep redundancy pay
Suitable role, unreasonable refusal	Lose redundancy pay
Unsuitable role, any refusal	Keep redundancy pay

What's "Unreasonable" Refusal

May lose redundancy pay if refuse because:

• Pride/preference
• Minor inconvenience
• Speculation about role
• Not trying it

Capability and Redeployment

Before Dismissing for Performance

Consider:

• Could employee do a different role?
• Is there a less demanding position?
• Would retraining help?
• What alternatives exist?

Not Always Required

Redeployment may not be reasonable if:

• No suitable vacancies
• Employee unlikely to perform
• Trust has broken down
• Fundamental skill deficit

Showing Fair Process

Documenting consideration of redeployment:

• Shows thorough approach
• Demonstrates reasonableness
• Supports fair dismissal
• ACAS Code compliance

Disability and Redeployment

Reasonable Adjustment Duty

Employer must consider redeployment if:

• Employee has a disability
• Current role puts them at disadvantage
• Alternative role removes barrier
• Adjustment is reasonable

Priority Over Others

May need to:

• Offer role without competition
• Create adjusted position
• Prioritise disabled employee
• Consider vacancy not yet advertised

Not Creating a Role

But employer need not:

• Create entirely new position
• Bump someone out of their role
• Fundamentally change business
• Do what's not reasonable

The Process

Identifying Alternatives

Employer should:

1. Review current vacancies
2. Consider forthcoming vacancies
3. Look across departments/locations
4. Match skills and experience
5. Consider modifications

Making Offers

When offering alternative:

• Put in writing
• Explain the role clearly
• Give time to consider
• Explain trial period rights
• Don't pressure

Employee Response

You should:

• Consider carefully
• Ask questions
• Request time to decide
• Try trial period if unsure
• Respond within deadline

What's "Suitable"

Factors to Consider

Factor	Assessment
Pay	Same or similar?
Status	Comparable level?
Hours	Manageable?
Location	Reasonable commute?
Skills	Match experience?
Prospects	Career implications?

Subjective Element

Suitability can be personal:

• Health conditions
• Caring responsibilities
• Financial commitments
• Career aspirations
• Commuting ability

Different for Each Person

Same role might be:

• Suitable for one employee
• Unsuitable for another
• Based on individual circumstances

Trial Periods

Statutory Trial

4 weeks to:

• Test the role
• Assess suitability
• Decide if acceptable
• Without losing redundancy rights

Extended Trial

Can be extended if:

• Written agreement
• For retraining
• Specifies length and terms
• Still protects redundancy rights

During Trial

If trial doesn't work:

• Can leave without prejudice
• Redundancy rights preserved
• Treated as if dismissed on original date
• Redundancy pay still due

If No Suitable Alternative

Documentation

Employer should document:

• What vacancies considered
• Why not suitable
• What modifications considered
• Employee's skills and limitations

Proceeding to Dismissal

If genuinely no alternative:

• Fair to dismiss (if process followed)
• Redundancy pay due (if redundancy)
• Shows employer tried

Employee Rights

Information

You can ask:

• What alternatives were considered
• Why roles weren't offered
• What's coming up
• What modifications possible

Challenge

If you think redeployment missed:

• Raise at consultation
• Raise at appeal
• Evidence at tribunal
• Shows unfair process

Tips for Employees

Proactive Approach

1. Express interest in alternative roles
2. Apply for internal vacancies
3. Suggest modifications
4. Be flexible where possible
5. Document what you've tried

If Offered Alternative

1. Consider carefully - don't dismiss immediately
2. Ask questions - understand the role
3. Try the trial - if unsure
4. Get advice - if significant change
5. Decide reasonably - or risk losing redundancy pay

Tips for Employers

Fair Process

1. Search actively for alternatives
2. Consider all at-risk employees
3. Offer suitable vacancies
4. Allow trial periods
5. Document consideration
6. Don't skip this step