A recent Employment Appeal Tribunal case provides employers with added clarity

An essential part of a “fair” redundancy process is consideration of suitable alternative roles for redundant employees. The EAT has recently confirmed (Samsung Electronics (UK) Limited v Monte-D’Cruz) that when considering an employee at risk of redundancy for suitable alternative employment, an employer can use subjective selection criteria in the process and thus has considerable flexibility when assessing that candidate’s suitability for the alternative role. It drew a clear distinction between the criteria used to assess a candidate’s suitability for an alternative role (which can be subjective) and the objective selection criteria which should be used when deciding who, from a pool of employees, to put at risk of redundancy.

This decision is good news for employers but as with any recruitment decision, a decision about who to redeploy must be able to withstand scrutiny.

Can we help?

If you are faced with this situation and would like further guidance on the matter, or any aspect of redundancy, please contact us.

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