Legal Definition of Redeployment

If you are faced with a dilemma regarding transfer or dismissal, please contact us. The Directive should indicate when and why the employer may attempt to reinstate a worker and his or her rights to reintegration. With regard to dismissals, the employer`s obligations to consider an alternative «suitable» job and the rights and position of workers when accepting or rejecting another role should be defined. If such a policy cannot prevent the bringing of an action for unjustified dismissal, it should help to ensure consistency throughout the organisation and show the Labour Court that the employer has reflected on the situation and is aware of its obligations. If you have a question or need advice on reinstatement rights or aspects of employment law related to organisational restructuring or personnel changes, please contact us. If another «suitable» job is available, the procedure for offering it to the employees concerned depends on the size of the company and the number of employees threatened with dismissal. If the organization is relatively small or the number of affected employees is small, it is a good idea to talk to employees about options and the offer of «suitable alternative employment» should be communicated to them individually in writing. While there is no legal obligation to make the offer in writing, it ensures that there is evidence that the offer was made and that the process was properly followed. However, if the organization is large and a large number of employees are at risk of being laid off, it may be sufficient to direct them to an internal company job list or make it available to them.

Employers should implement a reassignment policy, or at least consider reassignment as part of the organization`s termination policy, and ensure that managers and employees are aware of this. Employers are advised to document their considerations when deciding whether there is another «suitable» job. The written version of this reflection process will prove that the employer considers the reinstatement rights of its employees and can avoid possible disputes. Davidson Morris` experienced recruitment consultants and employment law specialists provide employers with holistic advice and support on reinstatement rights and termination processes. We have extensive experience in helping employers identify and manage legal risks by providing advice that protects your interests while supporting commercial drivers behind the reinstatement and dismissal process. Labour law is very strict about what employers can and cannot do in terms of reinstatement and dismissal. It is important for employers to seek legal advice at this time. Asking surplus staff to move abroad or across the country is unlikely to be considered an appropriate offer for redeployment.

The cost of extensive redundancy can also come with significant costs and certainly something that most businesses would prefer to avoid. The deployment of staff may therefore be in the interest of both the employee and the employer. However, labour law protects both parties in the event of a situation that is considered unfair or illegal. If a position in the company is no longer needed or if there is a surplus of staff for a particular activity, the employer faces the reinstatement or dismissal of employees. For the employees concerned, however, the question arises as to whether dismissal or reinstatement is the best choice for them. As a leading outplacement firm, Career Consultants helps its employees shorten the time between leaving one job and starting another. It focuses on using proven personal marketing techniques that very quickly find a positive response from potential employers. If the worker is supported and aware of the different techniques that can be used to find a new job, dismissal instead of reinstatement may be the best decision for his career. However, the speed at which an employee can find a new job is only one factor to consider.

For example, if they have been employed by their current employer for an extended period of time, they may have benefited from other considerations, such as a pension, increased leave entitlement and bonuses. Appropriate redeployment, depending on what it is, may be the most sensible option. Each individual case is likely to be different and must be weighed very carefully. Redeployment is when a company tries to find current employees another position within the company to avoid layoffs. The employer will determine the transferable skills within each employee, and then contact the hiring manager in another part of the company to identify a case of employee reinstatement. The risk associated with reinstatement is that no other employment can be found and the employer will have to resort to layoffs. If the decision is a layoff and reinstatement within the company is not an option or is not an appropriate option, most reputable employers offer their employees assistance with dismissal. This is often referred to as outplacement or career transition services. Reputable outplacement firms such as Career Consultants offer individuals a wide range of services, including career management and coaching, as well as job search advice. Many employees choose to view layoffs as an opportunity to start something they may never have tried before, such as running their own business. In all cases, it will be important to understand what reintegration rights workers have in order to reduce the potential legal risks associated with changing a person`s role and job duties. They make it clear that whenever there is a surplus of staff in a department of the university, they will try to offer a redeployment in a fair and efficient manner.

He clearly has a policy in which he wants to avoid firing someone if there is a suitable position elsewhere in the company that the employee can hold. The LSE states that it is openly committed to recruiting, developing and, where possible, retaining highly qualified staff. However, she also admits that this is not always possible. However, if the employee rejects the offer without justification, he or she may lose the right to statutory severance pay, unless the alternative role is not really «appropriate». Employers should also be aware that even if an employee`s refusal is unreasonable, an employment tribunal can still find his dismissal unjustified if the proper dismissal procedure is not followed. It is therefore imperative that dismissals are carried out with caution and with a full understanding of the legal requirements. Most major employers will have policies and procedures in place for reinstatement. For example, the London School of Economics (LSE) offers its employees the following: While reducing legal risk is a pervasive concern when changing an employee`s role and contractual terms, one of the main HR goals of reintegration projects is to maintain positive working relationships with the employees involved. Reinstatement can be an anxiety-provoking process for workers, and employers are expected to support their employees and maintain communication to keep them informed of the process and to identify and address their specific concerns.

It depends on the terms of the employment contract. Neither the terms «express» nor «implied» can be changed in principle without agreement between the two parties. If the employee has been offered more than one other position, they are entitled to a four-week probationary period for each role. «Redeploy.» Merriam-Webster.com Dictionary, Merriam-Webster, www.merriam-webster.com/dictionary/redeploy. Retrieved 5 November 2022. www.lse.ac.uk/intranet/staff/humanResources/Redeployment/Redeployment-Policy-and-Procedure.aspx reintegration into the workplace occurs when an employee takes on a different role in another part of the company, often as an alternative to layoffs. However, reinstatement is a complex area of the dismissal process, and employers must carefully address it to ensure they follow a legal and fair process to reduce the risk of disputes, complaints or legal claims in the workplace. It is important that the employer provide sufficient information about the alternate role so that the employee can properly consider it and make an informed decision about whether or not to accept the role. An excess of staff in any area of the Company may occur from time to time. Companies such as engineering and construction companies are working on long-term projects.

When these projects expire, employees are transferred to other projects. When there is a decline in activity or a change in the nature of the projects acquired, it is often difficult for the employer to reallocate surplus staff. Employers may offer the employee their original job as a «suitable alternative». This may be possible, for example, if the dismissal situation occurred after a significant drop in work, but then there is a return to work before the employee is actually dismissed. Many companies today offer their employees a socialization package; Let employees choose the company they want to work with.