Offering redeployment before confirming redundancy is not just good practice — it is a legal expectation. Employment tribunals consistently hold that a reasonable employer must take reasonable steps to look for alternative employment before dismissing an employee by reason of redundancy. Failure to do so is one of the most common grounds on which redundancy dismissals are found unfair.
The Legal Obligation
While there is no statutory provision that explicitly requires redeployment, case law has established that a fair redundancy process includes considering whether the employee can be redeployed to a suitable alternative role. The obligation is to make reasonable efforts — not to guarantee that an alternative will be found.
What "Reasonable Efforts" Means
- Look across the whole organisation — not just the employee's department or location
- Consider group companies — if the employer is part of a larger group, vacancies in other group companies should be considered
- Consider roles at different levels — the alternative doesn't have to be at the same grade, though a significant demotion may make refusal reasonable
- Consider roles that may require retraining — if the employee could be trained into a new role within a reasonable timeframe
- Notify the employee of vacancies — proactively share suitable opportunities rather than expecting the employee to find them
Employees on Maternity Leave
There is an enhanced obligation for employees on maternity, adoption, or shared parental leave. These employees must be offered a suitable alternative vacancy in priority over other employees if one is available. Failure to do so is automatically unfair dismissal and pregnancy/maternity discrimination.
Documentation
Keep detailed records of:
- What vacancies were considered
- Why specific vacancies were or were not suitable
- What was offered to the employee and their response
- Any discussions about redeployment during consultation meetings
This evidence is crucial if the dismissal is later challenged at tribunal.
What If No Alternative Exists?
If genuine efforts have been made and no suitable alternative is available, the employer can proceed with the redundancy. The key is demonstrating that the search was genuine and thorough — not a tick-box exercise.
Need help managing redeployment during redundancy? Our redundancy management team handles the entire process. Contact us.