The Netherlands, Ireland and Poland take different approaches. Dutch law treats redeployment as a mandatory condition for termination, requiring employers to conduct and document a thorough search for suitable alternative positions. In Ireland, although there is no standalone redeployment obligation, employers are expected to consider alternative employment as part of collective consultation and fair dismissal procedures. In Poland, redeployment remains largely a matter of good practice and is typically implemented through consensual changes to employment terms or formal variation procedures.

In the Netherlands, an employer may only proceed with a redundancy dismissal if it can demonstrate that redeployment to a suitable position within a reasonable period is not possible, including where reasonable training could enable the employee to perform the role. In practice, employers are expected to take an active and documented approach to redeployment. This typically includes:

• identifying suitable vacancies that currently exist or are expected to arise within the relevant redeployment period;

• considering positions occupied by temporary workers, agency workers, contractors and employees on fixed-term contracts due to expire;

• assessing opportunities within other group companies, including those located outside the Netherlands;

• discussing available roles with affected employees and offering suitable positions where appropriate; and
• considering whether reasonable training would allow the employee to move into an available role.

A position will generally be considered suitable where it aligns with the employee’s education, experience and capabilities. Employers should also be aware that simply circulating vacancy lists or providing outplacement support will not normally be sufficient. The employer should be able to demonstrate specifically what roles were investigated for each affected employee and why redeployment was not possible.

In Ireland, there is no standalone statutory obligation to offer redeployment before implementing redundancies. However, redeployment remains an important aspect of both collective consultation and fair redundancy procedures. The Protection of Employment Acts require employers to consult with employee representatives with a view to avoiding or reducing redundancies and mitigating their consequences, including through redeployment or retraining measures. In addition, a dismissal may be found unfair where an employer fails to properly consider available alternative employment opportunities. As a matter of good practice, employers should:

• assess the availability of suitable alternative roles within the organisation and, where relevant, across the wider group;

• demonstrate that redeployment options have been genuinely considered before redundancies are confirmed;

• provide details of suitable roles in writing, including key terms and conditions; and

• offer suitable positions directly, rather than requiring employees to participate in a general recruitment process.

Where an employee unreasonably refuses suitable alternative employment, this may affect their entitlement to a statutory redundancy payment, depending on the circumstances of the case.

In Poland, redeployment is not a legal requirement in the context of collective redundancies, although it is widely regarded as good practice and a useful means of preserving employment. Where employers seek to avoid dismissals through redeployment, this is typically achieved by restructuring roles and proposing changes to an employee’s position or remuneration. In practice:

• changes may be implemented by agreement with the employee;

• where agreement cannot be reached, employers may use the formal procedure for modifying employment terms;

• employees may accept or reject the proposed terms within the statutory timeframe, with rejection resulting in termination of employment; and

• selection decisions must be based on objective and non-discriminatory criteria.

Redeployment can play an important role in collective redundancy processes, whether it is a legal requirement or simply good practice. Employers should identify alternative roles early, discuss available options with affected employees and keep a clear record of the steps taken. Even where there is no formal obligation to redeploy employees, considering suitable alternatives before final decisions are made may help reduce the number of redundancies and retain valuable skills within the organisation.