What Is an Alternative Role During Redundancy?

An alternative role during redundancy, often referred to as “suitable alternative employment”, is a different job offered by an employer to an employee whose current position is at risk of being made redundant. It is part of the legal requirement for employers to avoid or reduce redundancies where possible by redeploying affected staff into other available roles within the organisation or group.

The legal framework for this process is set out in the Employment Rights Act 1996, which requires employers to consider alternative employment before finalising redundancy dismissals.

Legal Meaning of Suitable Alternative Employment

Suitable alternative employment is a role that is offered instead of redundancy and is intended to continue the employee's employment under different terms or in a different position.

A role may be considered “suitable” based on several factors, including:

• Similarity to the employee's current role
• Pay and benefits
• Working hours
• Job location and commuting requirements
• Job status and level of responsibility
• The employee's skills, experience, and personal circumstances

The role does not need to be identical, but it must be a reasonable match in overall terms.

Employers are expected to actively consider whether such roles exist within the organisation or wider group before confirming redundancy.

Employer Duty to Offer Alternative Roles

Where a redundancy situation exists, employers are expected to take reasonable steps to identify and offer suitable vacancies to affected employees.

In practice, this means:

• Searching for available internal vacancies
• Considering redeployment across departments or locations
• Consulting with employees about potential matches
• Offering roles before the redundancy takes effect

If a suitable vacancy exists and is not offered, this may expose the employer to claims of unfair dismissal.

In some cases, employees in protected categories (such as those on maternity leave) must be prioritised for suitable roles.

What Happens When an Alternative Role Is Offered?

When an employer offers an alternative role, the employee must decide whether to accept it or proceed with redundancy.

If accepted, the employee typically transitions into the new role instead of being dismissed. However, legal protections apply through a trial period.

The statutory 4-week trial period

If the new role differs in any material way from the previous job, a statutory trial period of four weeks applies.

During this period:

• The employee works in the new role on a trial basis
• The employee can decide if the role is suitable
• Either party can end the arrangement if it does not work

If the employee leaves or rejects the role within the trial period for a valid reason, they normally retain entitlement to statutory redundancy pay.

If the employee remains beyond the trial period without agreement to extend it, redundancy rights may be lost because the new role is treated as accepted employment.

Refusing an Alternative Role

An employee may refuse an alternative role, but the consequences depend on whether the refusal is reasonable.

Reasonable refusal

A refusal is generally considered reasonable where the role:

• Involves significantly lower pay
• Requires relocation or an unmanageable commute
• Has materially different working conditions
• Conflicts with health or caring responsibilities
• Represents a significant downgrade in status or duties

Where refusal is reasonable, the employee usually retains their right to redundancy pay.

Unreasonable refusal

If an employee unreasonably refuses a suitable role, the employer may lawfully refuse to pay statutory redundancy pay.

Disputes over whether a refusal was reasonable are common and may be determined by an employment tribunal based on the facts of the case.

Timing of the Offer

For an alternative role to count as valid redundancy avoidance, it must generally be:

• Offered before the employee's current contract ends
• Capable of starting within a short period after the redundancy date (typically within four weeks)

If the timing does not meet these requirements, the employee may still be treated as redundant.

“Bumping” as an Alternative Placement

In some redundancy situations, employers may use a process known as “bumping”.

This occurs where:

• An employee at risk of redundancy is placed into another employee's role
• The other employee is then made redundant instead

This approach is sometimes used where it preserves skills or seniority within the business, but it must still be carried out fairly and consistently.

Alternative Roles and Unfair Dismissal Claims

Failure by an employer to properly consider or offer suitable alternative roles can form part of an unfair dismissal claim.

Common issues include:

• Not identifying available vacancies
• Failing to consult meaningfully
• Offering roles without proper consideration of suitability
• Applying selection criteria inconsistently
• Filling vacancies externally while redundancies are ongoing

Employment tribunals will assess whether the employer acted reasonably in all circumstances, including whether redeployment was properly explored.

Practical Steps for Employees

Where an alternative role is offered during redundancy, key considerations include:

• Comparing pay, benefits, and contract terms
• Assessing commute and working hours
• Reviewing job duties and required skills
• Considering long-term career impact
• Clarifying whether a trial period applies
• Keeping written records of all communications

Employees typically need to notify the employer promptly if they believe a role is unsuitable or if they intend to accept it on a trial basis.

Common Misunderstandings

“Any different role must be accepted”

Not correct. Only roles that are suitable in legal and practical terms must be considered.

“Refusing a role always means losing redundancy pay”

Not correct. Only unreasonable refusal of suitable employment may affect entitlement.

“Trial periods are optional”

Not correct. Statutory trial periods apply automatically where the new role is materially different.

Key Takeaways

An alternative role during redundancy is a job offered by an employer to avoid dismissal. It forms part of the legal obligation to explore redeployment before confirming redundancy. Whether a role is suitable depends on factors such as pay, duties, location, and personal circumstances. Employees may be entitled to a statutory trial period to test the role, and refusal of an offer only affects redundancy pay if the refusal is unreasonable. Employers who fail to properly consider alternative roles may face unfair dismissal claims.