The recent decision by the EAT in Samsung Electronics v Monte D’Cruz [2012] is authorisation that employers can ‘appoint the best person for the job’ and this could mean that no one from the selection pool is chosen for the role.
In this case Samsung re-organised their print division. The Claimant was one of three Heads of Department whose role was being merged into one. He unsuccessfully applied for the merged post. He then unsuccessful applied for a more junior role which came about due to the restructure. An external candidate was eventually appointed.
This decision may mean that in certain re-organisation situations if external candidates are the best people to perform the role then the dismissal may not be unfair.
This post is not legal advice and should not be used as such if you are a commercial business and are in a similar predicament please ensure that you contact me on 0113 350 4030 or another legally qualified professional before you make any decisions. I look forward to hearing from you
- Can employers insist employees get vaccinated? - February 23, 2021
- 10 ways the world of work has changed in the last 10 years – 2011 vs 2021 - January 25, 2021
- Celebrating 10 successful years of providing specialist, client focused employment advice - January 20, 2021