Suitable alternatives to redundancy

Posted: 01/05/2012

Paul Mander, joint head of Penningtons' employment team, has spoken to People Management magazine about the implications for employers of Samsung Electronics (UK) Ltd v Monte-D'Cruz.

In this recent case, the Employment Appeal Tribunal overturned a tribunal ruling in favour of Mr Monte-D'Cruz, who had claimed unfair dismissal following a redundancy consultation process. The EAT concluded that selection for an alternative role can involve subjective criteria in a redundancy situation: 'A tribunal is entitled to consider, as part of its deliberations, how far an interview process was objective, but it should keep carefully in mind that an employer's assessment of which candidate will best perform in a new role is likely to involve a substantial element of judgment.'

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