Redeployment
Redeployment before dismissal
Before certain dismissals, the employer may need to consider whether you can be reassigned to another job. What is required depends on the circumstances, so each situation needs to be examined individually.
- Understand whether reassignment has been considered
- Review an offer before responding
- Free initial assessment
When does reassignment become relevant?
The question of reassignment can arise both in redundancy dismissals and in certain dismissals for reasons relating to the employee personally. In both cases, it may matter whether there was alternative work within the employer's organisation that it would have been reasonable to offer you.
What does the employer need to investigate?
Issues that may often need examination include:
- which jobs were actually available within the employer's organisation
- whether you had sufficient qualifications for them
- when the jobs were vacant or were due to become vacant
- whether an offer was actually made, and how
- the circumstances surrounding the proposed job
Have you received an offer of reassignment?
Take time to understand what the offer involves: duties, work location, working hours and pay. Your response may affect your situation later, so it may be worth having someone review the terms before you decide.
Redundancy and reassignment
In redundancy situations, reassignment is often linked to the order of priority. Read more about dismissal due to redundancy.
Reasons relating to the employee personally and reassignment
Even in dismissals for reasons relating to the employee personally, it may matter whether another job could have resolved the situation. Read more about dismissal for reasons relating to the employee personally.
What should you gather?
- your employment contract
- the proposed reassignment offer
- job descriptions for your current and proposed jobs
- emails and other correspondence
- information about current or upcoming vacancies
- notes from meetings
Frequently asked questions about reassignment
Must the employer offer reassignment before dismissal?
Under Section 7 of the Employment Protection Act (LAS), a dismissal is not objectively justified if it is reasonable to require the employer to reassign the employee to another job within its organisation. What is reasonable depends on the circumstances of the individual case.
Can I decline an offer of reassignment?
You can decline, but this may affect the assessment of a subsequent dismissal. The consequences of declining depend on what was offered and the wider situation, so it is wise to understand the terms before responding.
How far must the employer go to find alternative work?
There is no fixed measure. The assessment considers, among other things, which jobs actually exist within the employer's organisation and whether you have sufficient qualifications for them.
Must I have exactly the same duties or pay?
Not necessarily. An offer of reassignment may involve different duties and terms. Whether the offer is reasonable depends on the circumstances.
What if there were other vacancies?
If there were vacant jobs for which you were sufficiently qualified, this may affect whether the dismissal was objectively justified. This needs to be examined based on what was known and available at the time.
When should I seek legal assistance?
As early as possible, preferably before responding to an offer or when you have received a dismissal notice. Some deadlines under the Employment Protection Act (LAS) are short.
Would you like to understand where you stand?
Get a free initial assessmentSources
- Employment Protection Act (1982:80) (Swedish Parliament)
- Judgments of the Swedish Labour Court (Swedish Labour Court)
The information on this page is general and does not constitute an assessment of your individual case. Rules may change and collective agreements may contain different provisions. Contact us for an assessment of your specific situation.