Selection Process For Suitable Alternative Roles Can Involve Subjective Criteria

In the case of Samsung Electronics (UK) Ltd v Monte-D'Cruz [2012] UKEAT 0039/11, the EAT has confirmed that when an at risk employee is being considered for suitable alternative employment in a redundancy process, the employer has considerable flexibility when assessing the individual's suitability for the role. The assessment process may use subjective criteria and the employer may appoint who it considers is best for the job.

In this case, the claimant, who was at risk of redundancy, applied for a role in the revised team structure which he felt strongly resembled his old job. He and another internal candidate were interviewed but Samsung decided to appoint an external candidate. The interviewees were scored using competencies from the annual assessment process, which included creativity, challenge, speed, strategic focus, simplicity, self-control/empowerment, customer focus, crisis awareness, continuous innovation and teamwork/leadership.

The Tribunal at first instance found that the employer's approach to alternative employment was flawed and criticised the objectivity of the criteria used. Samsung appealed and the EAT has now confirmed that the Tribunal erred in its approach to suitable alternative employment. The EAT confirmed that the approach taken in the case of...