Litigation Letter
Duty to redeploy
Difolco v NTL Group Ltd CA SJ 27 October
The employer appealed against the decision of the Employment Appeal Tribunal that it had failed to make a reasonable adjustment
in respect of the respondent employee contrary to s6(1) of the Disability Discrimination Act 1995. Following an accident at
work, the employee suffered partial paralysis and was a disabled person within the meaning of the Act. She returned to work
on a part-time basis. She was subsequently selected for redundancy and was informed by the employer of alternative employment,
albeit a full-time post with a competitive selection procedure. The employee was informed that if successful, the employer
might consider employing her in that role on a part-time basis. The EAT upheld the tribunal’s decision that the employee had
suffered ‘a substantial disadvantage’ within the meaning of s6(1), the employer should have considered whether the alternative
role could have been part-time, and, if so, to have offered it to the employee without the need for a competitive selection
procedure.