In Asif v Elmbridge Borough Council the EAT held that Ms Asif, who had been given notice of redundancy, was not entitled to be offered the post of a colleague who had accepted an alternative job, but who had resigned during Ms Asif’s notice period. Ms Asif had scored substantially less well than the other three employees in the redundancy selection pool. Her three colleagues were offered the newly created jobs. During Ms Asif’s notice period, one of the three employees resigned. The EAT rejected Ms Asif’s argument that she should have been given that employee’s post. Given the results of the selection exercise, the employers were entitled to treat Ms Asif as unsuitable to be appointed to any of the new posts.
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