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Samsung Electronics (UK) Ltd v Monte-D’Cruz - Subjectivity of criteria used in assessment for alternative posts [2012] EAT

It is for an employer to assess whether an otherwise redundant employee is suitable for an alternative post. That assessment will be based on a range of criteria, and there is no obligation that they always be subjective: only if these are plainly inappropriate might that affect the fairness of any decision to dismiss.

Samsung decided to reorganise its Print division in two stages. Four senior roles would be combined into ‘Head of Sales – Print’ and then under the leadership of the new role, several new managerial roles would report in. Mr Monte-D’Cruz and affected other staff were advised of these plans and of the potential risk for redundancy. Mr Monte-D’Cruz was invited to apply for the Head of Sales – Print position. He was scored according to ten competencies, which were routinely used in the annual assessment process.

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