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Marie Difolco v NTL Group Ltd

Where there had been no link between an employee’s dismissal by way of redundancy and her disability, the employer did not owe the employee a duty to redeploy her without competitive selection.

27 October 2006

The appellant employer (N) appealed against the decision of the Employment Appeal Tribunal upholding an employment tribunal’s conclusion that N had failed to make a reasonable adjustment in respect of the respondent employee (D), contrary to s 6(1) of the Disability Discrimination Act 1995. Following an accident at work, D had suffered partial paralysis and was a disabled person within the meaning of the Act. She returned to work on a part-time basis. D was subsequently selected for redundancy, and was informed by N of alternative employment, albeit a full-time post with a competitive selection procedure. D was informed that, if successful, N might consider employing her in that role on a part-time basis. D chose not to apply for the post, and instead issued a number of complaints against N before the employment tribunal. The tribunal found, inter alia, that it would have been a reasonable adjustment to ascertain whether the alternative role could have been part-time and, if so, t...

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