NTL Group Ltd v Difolco

NTL Group Ltd v Difolco

The Employment Tribunal failed to articulate the arrangements that placed the respondent at a substantial disadvantage and did not provide clear reasoning for the finding of disability discrimination regarding the Teesside job. Without identification of the relevant arrangements and a finding of substantial disadvantage, the duty to make reasonable adjustments did not arise. The Employment Appeal Tribunal erred in upholding the finding, and the matter must be remitted for proper determination.

Parties
Appellant: NTL Group Ltd; Respondent: Difolco
Jurisdiction
England and Wales
Judgment Date
12 October 2006
Procedural Posture
Civil Appeal / Appeal From Employment Appeal Tribunal to Court of Appeal
Outcome
Appeal allowed
Legal Topics
Reasonable Adjustments, Redundancy, Disability Discrimination, Part Time Workers, Employment Tribunal Procedure
Employment Law Disability Discrimination Reasonable Adjustments Redundancy Part Time Workers Employment Tribunal Procedure

Case Brief

Summary, issues, holding and outcome

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Parties

NTL Group Ltd

Appellant

Difolco

Respondent

Procedural Posture

Civil Appeal / Appeal From Employment Appeal Tribunal to Court of Appeal

Legal Issues

  1. 1 Whether the Employment Tribunal properly identified arrangements placing the respondent at a substantial disadvantage under section 6(1) of the Disability Discrimination Act 1995
  2. 2 Whether the duty to make reasonable adjustments arose in relation to the Teesside job
  3. 3 Whether the Employment Appeal Tribunal erred in upholding the finding of disability discrimination regarding the Teesside job

Ratio Decidendi

The Employment Tribunal failed to articulate the arrangements that placed the respondent at a substantial disadvantage and did not provide clear reasoning for the finding of disability discrimination regarding the Teesside job. Without identification of the relevant arrangements and a finding of substantial disadvantage, the duty to make reasonable adjustments did not arise. The Employment Appeal Tribunal erred in upholding the finding, and the matter must be remitted for proper determination.

Court Disposition

Appeal allowed

Orders

  • The issue regarding the Teesside job is remitted to the Employment Tribunal for further determination along with other issues already remitted by the Employment Appeal Tribunal.