Before making you redundant, your employer has a legal obligation to consider whether suitable alternative employment exists within the organization. This obligation is often overlooked by employers eager to reduce headcount, but it's a crucial protection that could save your job. If your employer fails to genuinely consider alternative roles for which you're qualified, your redundancy may be unfair.
Richard O'Shea Solicitor specializes in challenging redundancies where employers have failed to meet their alternative employment obligations. With extensive experience before the Workplace Relations Commission, Richard examines whether your employer genuinely explored alternatives and fights for your rights when this obligation has been breached.
The Employer's Legal Duty
Under Irish employment law, before finalizing a redundancy decision, employers must take reasonable steps to consider whether suitable alternative employment is available. This duty arises from both the Unfair Dismissals Acts and common law principles of fair procedures.
What "Reasonable Steps" Means
Your employer must:
- Actively review all vacant positions within the organization
- Consider positions that will become vacant in the near future
- Assess whether you could perform available roles with reasonable training
- Look at positions across all departments and locations (not just your current department)
- Consider roles at similar or slightly lower grades (not just equivalent positions)
- Inform you of alternative positions and give you a genuine opportunity to apply
This is not a token exercise. The Workplace Relations Commission expects employers to demonstrate they made genuine, documented efforts to find alternative employment before proceeding with redundancy.
What Is "Suitable" Alternative Employment?
Not every vacant position constitutes suitable alternative employment. The law recognizes that you cannot be forced into any available role regardless of suitability. The test considers multiple factors:
Factors Determining Suitability
1. Skills and Qualifications
Can you perform the role with your existing skills, or with reasonable training? A role requiring completely different professional qualifications may not be suitable.
2. Seniority and Status
While you may need to consider roles at slightly lower levels, a dramatic demotion (e.g., senior manager to entry-level role) is unlikely to be suitable alternative employment.
3. Remuneration
A significant pay cut may make alternative employment unsuitable, though this depends on circumstances. A 10-15% reduction might be considered reasonable; a 50% cut likely wouldn't be.
4. Location
A role in a different city or requiring significantly longer commute may not be suitable, particularly if you have family or caring responsibilities.
5. Working Hours and Conditions
Shift work vs office hours, travel requirements, or fundamentally different working conditions affect suitability.
Important: Suitability Is Objective
The test is what a reasonable person in your circumstances would consider suitable - not what your employer unilaterally decides, nor your personal preferences alone.
Trial Periods for Alternative Employment
Under the Redundancy Payments Acts, if you accept alternative employment, you're entitled to a statutory trial period to assess whether the new role is suitable.
Trial Period Rights
Duration
You're entitled to a 4-week trial period (or longer if specified in your contract). This can be extended by written agreement if training is required.
Your Rights During Trial
If you find the alternative role unsuitable during the trial period, you can terminate and still claim redundancy payment for your original role - as if you'd never accepted the alternative.
Employer's Rights
Your employer can also terminate during the trial period if they conclude you're not suitable for the role. You would then be entitled to redundancy payment.
Crucially, the trial period protects you from losing redundancy rights by trying alternative employment. You can test whether a role works without gambling your redundancy entitlement.
Can You Refuse Alternative Employment?
Yes - but your right to refuse depends on whether the alternative employment offered is genuinely "suitable."
✓ Reasonable Refusal (You Keep Redundancy Rights)
You can reasonably refuse alternative employment that is:
- Significantly lower paid (e.g., 30%+ pay cut)
- Substantially different in nature or status
- In a different city or requiring impractical commute
- Incompatible with family/caring responsibilities
- Requiring professional qualifications you don't have
✗ Unreasonable Refusal (May Lose Redundancy Rights)
Refusing suitable alternative employment without good reason may result in losing statutory redundancy entitlement. Examples of unreasonable refusal:
- Similar role, same pay, same location - refused due to personal preference only
- Minor salary reduction (5-10%) in otherwise suitable role
- Slight changes to working hours that could be accommodated
- Refusal without even trying trial period
If you're unsure whether refusing alternative employment is reasonable, consult Richard O'Shea Solicitor before making a decision. An unreasonable refusal could forfeit your redundancy payment.
When Employers Fail This Obligation
Through his extensive experience, Richard O'Shea Solicitor frequently sees employers breach their alternative employment obligations:
🚩 No Search Conducted
Employer proceeds with redundancy without checking whether any alternative roles exist. This is a clear breach.
🚩 Limited Search Scope
Employer only checks your current department, ignoring vacancies elsewhere in the organization.
🚩 Hiring While Making Redundant
Your employer advertises or fills positions you could perform while simultaneously making you redundant. This is strong evidence of unfair dismissal.
🚩 Rejecting You Without Fair Assessment
Alternative roles exist, but employer rejects your application without proper interview or assessment, or gives the role to less qualified candidates.
🚩 Not Informing You of Vacancies
Employer knows of suitable vacancies but doesn't inform you, proceeding with redundancy while roles remain unfilled.
Challenging Failure to Consider Alternatives
If your employer failed to genuinely consider alternative employment, your redundancy may be unfair. This can be challenged at the Workplace Relations Commission as part of an unfair dismissal claim.
Evidence to Gather
Richard O'Shea Solicitor will help compile evidence including:
- Job advertisements posted by your employer around the redundancy date
- LinkedIn or recruitment site postings showing vacant positions
- Internal vacancy announcements you weren't shown
- Organizational charts showing roles you could perform
- Evidence of new hires in positions you could have filled
- Email correspondence showing lack of alternative employment discussion
- Witness statements from colleagues who were offered alternatives
Successful challenges often result in the WRC finding the redundancy unfair, leading to compensation awards or even reinstatement/re-engagement orders.
How Richard O'Shea Solicitor Can Help
Richard O'Shea Solicitor provides comprehensive support regarding alternative employment obligations:
Employer Obligation Assessment
Review whether your employer conducted a genuine search for alternative employment or merely went through the motions.
Suitability Analysis
Advise whether proposed alternative employment is genuinely suitable, and whether refusal would be reasonable.
Trial Period Protection
Ensure your trial period rights are properly documented and you can exit without losing redundancy entitlement if the role proves unsuitable.
WRC Representation
Challenge redundancies where employers failed their alternative employment obligations, presenting compelling evidence before the Workplace Relations Commission.
Were You Made Redundant Without Being Offered Alternatives?
Get expert assessment from Richard O'Shea Solicitor. We'll determine whether your employer met their obligations and advise on challenging unfair redundancy.
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