How to Request Alternative Employment During Redundancy

During a redundancy process, employers are expected to consider whether affected employees can be moved into other suitable roles within the organisation. This is known as “alternative employment” or “redeployment”. In England and Wales, this is a key part of ensuring redundancy is fair under the Employment Rights Act 1996 and supported by Acas guidance on fair redundancy procedures.

Employees do not have an automatic right to a new job within the organisation, but employers are expected to actively consider suitable alternatives and engage with employees during consultation. Failing to do so can make a redundancy dismissal unfair.

This guide explains how to request alternative employment, what employers are expected to do, and how redeployment fits into the legal redundancy framework.

1. What Counts as Alternative Employment?

Alternative employment refers to any available role within the organisation (or associated group of companies) that an employee could reasonably do, either immediately or after reasonable training.

This may include:

• Vacant roles at the same level
• Lower-grade roles (in some cases)
• Roles requiring retraining
• Temporary or fixed-term positions
• Roles in different departments or locations

The key test is whether the role is “suitable”, taking into account skills, experience, pay, status, and working conditions.

2. Legal Duty to Consider Alternative Employment

Employers are expected to take reasonable steps to avoid redundancy where possible. This includes actively looking for suitable alternative roles.

Legal principles include:

• Employers must act reasonably in all circumstances
• Consultation must include discussion of alternatives
• Failure to consider redeployment can contribute to unfair dismissal
• Suitable alternative employment must be offered where appropriate

Where an employee is dismissed and suitable alternative roles were available but not offered, an employment tribunal may find the dismissal unfair.

3. When to Request Alternative Employment

Requests for alternative employment can be made at several stages:

During early redundancy consultation

This is the most effective stage, as decisions are not yet final.

After receiving “at risk” notification

Employees should immediately ask what vacancies exist and whether redeployment is being considered.

During selection process

Employees can request that they be considered for suitable roles instead of redundancy.

After selection but before dismissal

It may still be possible to secure redeployment if roles remain available.

4. How to Request Alternative Employment

Step 1: Make a clear written request

A written request ensures there is a formal record. It should:

• State that you are seeking redeployment
• Ask for details of all suitable vacancies
• Request consideration for roles matching your skills
• Ask about retraining opportunities

Step 2: Ask for current and upcoming vacancies

Employers should consider both:

• Immediate vacancies
• Roles expected to become available during the redundancy process

This includes roles within subsidiary companies where applicable.

Step 3: Highlight transferable skills

When requesting alternative employment, it is helpful to identify:

• Skills relevant to other roles
• Experience that may transfer across departments
• Willingness to retrain or adapt responsibilities

Employers must consider whether training could make a role suitable.

Step 4: Engage in consultation meetings

During redundancy consultation, employees should:

• Ask directly about available roles
• Request explanations if no roles are offered
• Challenge assumptions about suitability

Acas guidance emphasises that consultation should be meaningful and include discussion of alternatives to redundancy. (acas.org.uk)

5. What Makes a Role “Suitable Alternative Employment”

A role is generally considered suitable if:

• It matches skills and experience reasonably closely
• Pay and status are not significantly worse (though lower roles may still be considered suitable in some cases)
• Working conditions are broadly comparable
• The employee could perform the role with reasonable training

Suitability is assessed objectively, not just based on job titles.

6. Trial Periods in Alternative Employment

Where alternative employment is offered, employees may be entitled to a statutory trial period.

Key points:

• Usually lasts 4 weeks
• Allows employee and employer to assess suitability
• If unsuitable, employee may still be treated as redundant
• Continuity of employment may be preserved if successful

Trial periods are important in determining whether redeployment is viable.

7. Priority Status for Redeployment

Employees who are formally under redundancy notice may receive priority consideration for internal vacancies. This means:

• They may be considered before external applicants
• They may be fast-tracked for interviews
• Employers should prioritise redeployment where possible

This is particularly relevant in larger organisations or public sector roles.

8. Employer Failures in Redeployment

A redundancy process may be legally vulnerable where:

• No attempt is made to identify alternative roles
• Vacancies are not shared with affected employees
• Suitable roles are filled externally without consideration
• Employees are not informed about internal opportunities
• Training or adaptation is not considered

These failures may support claims for unfair dismissal.

9. What to Do if No Alternative Employment Is Offered

If redeployment is not provided or considered:

• Request written reasons for non-consideration
• Raise concerns during consultation or appeal
• Use internal grievance procedures
• Collect evidence of available vacancies
• Consider Acas Early Conciliation if dismissal occurs

Tribunals will examine whether reasonable steps were taken to avoid redundancy.

10. Time Limits for Bringing a Claim

If redundancy leads to dismissal and redeployment was not properly considered:

• Claims must generally be brought within 3 months less one day from dismissal
• Acas Early Conciliation is required before submitting a tribunal claim

Early action is important to preserve evidence of available roles.

11. Practical Checklist for Requesting Alternative Employment

Before or during redundancy:

• Request a full list of current vacancies
• Ask for upcoming or planned roles
• Confirm whether redeployment policies exist
• Identify transferable skills
• Attend all consultation meetings
• Keep written records of requests and responses

Key Takeaways

Requesting alternative employment during redundancy is a key step in ensuring a fair process. Employers are expected to consider suitable roles and engage in meaningful consultation about redeployment opportunities. Employees can strengthen their position by making clear written requests, identifying transferable skills, and actively engaging in the consultation process. Failure to properly consider alternative employment may contribute to a finding of unfair dismissal in an employment tribunal.