Redeployment and selection criteria

By Stefan Savva, Founder · Checked against the Fair Work Ombudsman and the Fair Work Commission on 28 October 2026 · 6 min read

Before a redundancy you should look for another role the person could reasonably do, in your business or a related company, because a dismissal is not a genuine redundancy if redeployment would have been reasonable. Where only some roles in a team are going, you also need a fair way to choose who is affected: criteria you can explain, applied the same way to everyone, that never rely on a protected attribute.

This guide covers both: what a real search for redeployment looks like, and how to set and apply selection criteria. It is written for the HR manager or owner planning a restructure. It is general information, not legal advice.

Why redeployment matters

Section 389 of the Fair Work Act 2009 sets the tests for a genuine redundancy. One of them works in reverse: a dismissal is not a genuine redundancy if it would have been reasonable in all the circumstances to redeploy the person within your enterprise, or within the enterprise of an associated entity (Fair Work Commission).

If the redundancy is not genuine, the person may be able to claim unfair dismissal. So the search for another role is not a courtesy. If redeployment would have been reasonable, the dismissal is not a genuine redundancy and the person may be able to claim unfair dismissal. Our guide to genuine redundancy covers the other tests.

What a real search looks like

Look before you decide, not after. A search that starts once the letter is drafted is hard to describe as genuine.

List the roles. Include roles open now, roles you expect to open in the next few months, and roles held by contractors or temps that could be made permanent.
Include related companies. An associated entity, such as a related company in the same group, counts. If you run several businesses, look across all of them.
Match on what the person can do. Consider their skills, qualifications and experience, and what they could do with a reasonable amount of training.
Consider the practical side. A role in another city, on a very different wage or with very different hours may not be reasonable. That is for the circumstances to decide, so ask the person rather than assuming.
Offer what suits. If a reasonable role exists, offer it in writing. The person can decline it, and the redundancy can then go ahead.
Write it down. Record each role you looked at and why it did or did not suit.

Consultation is a good time to do this together. The person may know of roles or options you have not thought of, such as reduced hours or a role in another team. Our guide to redundancy consultation explains how the two fit.

When you need selection criteria

You need selection criteria when you are reducing the number of people doing similar work, rather than removing a single role outright. Closing a whole site does not need them: every role there goes. Cutting a team of ten contact centre staff to six does.

Settle the criteria before you apply them to anyone, and before you know which names they will produce.

Criteria that are fair

Good criteria are tied to what the business needs after the change, and you can measure them:

Skills the remaining roles need, such as a system, a licence or a language.
Qualifications or accreditation the work requires.
Documented performance, from reviews done before the restructure, not ratings written for it.
Flexibility the new roles need, such as covering particular shifts, only where the business genuinely needs it.

Some employers also use length of service, or invite volunteers first. Both can be fair, but check your award or agreement, which may say how selection works.

Apply the criteria the same way to everyone in the pool, score each person, and keep the scoring sheet. Have a second person check it. If the results surprise you, look again at the criteria, not at the scores.

Criteria that are unlawful

Under the Fair Work Act it is unlawful to take adverse action, which includes dismissal, against someone because of a protected attribute. The Fair Work Ombudsman lists them: race, colour, sex, sexual orientation, age, physical or mental disability, marital status, family or carer's responsibilities, pregnancy, religion, political opinion, national extraction, social origin, breastfeeding, gender identity, intersex status, and experiencing family and domestic violence.

Watch for criteria that look neutral but are not:

Recent absences. These often track illness, disability, pregnancy or carer's leave.
Part-time status. This often tracks family or carer's responsibilities, and sex.
"Fit" or "attitude". Unmeasured judgements are where bias gets in.
Who complained. Choosing someone because they made a complaint or inquiry about their employment, used another workplace right, or joined a union is also unlawful.

Record the decision

If a choice is ever challenged, you will need to show how it was made. Keep:

the business reason for the change and the number of roles affected
the pool of people and why they were in it
the criteria, and when they were set
each person's scores, and who scored them
the redeployment options considered for each person, and the outcome

Common questions

Do I have to offer redeployment before a redundancy?

A redundancy is not genuine if it would have been reasonable to redeploy the person in your business or an associated entity. Where a suitable role exists, offering it in writing protects the business, and the person can decline.

What selection criteria can be used for redundancy?

Fair redundancy selection criteria are tied to what the business needs after the change, such as required skills, qualifications and documented performance, and are applied the same way to everyone in the pool.

Can length of service be used to choose who is made redundant?

Length of service can be used as a redundancy selection criterion, and some awards and agreements set how selection works. Check the award or agreement first, and apply the criterion consistently to everyone.

Which redundancy selection criteria are unlawful?

Selection based on a protected attribute is unlawful, including age, sex, disability, pregnancy, carer's responsibilities, race and religion, and so is selection because someone made a complaint or joined a union.