NTL Group Ltd v Difolco [2006] EWCA Civ 1508 (12 October 2006)

NTL Group Ltd v Difolco [2006] EWCA Civ 1508 (12 October 2006)

The Employment Tribunal failed to identify with sufficient clarity the arrangements placing the respondent at substantial disadvantage and did not provide adequate reasoning; therefore, no legal basis existed for imposing a duty to make reasonable adjustments under section 6(1) DDA.

Citation
[2006] EWCA Civ 1508
Parties
Claimant/appellant: NTL Group Ltd; Defendant/respondent: Difolco
Jurisdiction
England and Wales
Judgment Date
12 October 2006
Procedural Posture
Appeal From Employment Appeal Tribunal / Court of Appeal Judgment
Outcome
appeal allowed
Legal Topics
Reasonable Adjustments, Substantial Disadvantage, Competitive Selection, Redundancy, Part Time Work, Disability Discrimination Act 1995
Employment Law Disability Discrimination Reasonable Adjustments Substantial Disadvantage Competitive Selection Redundancy Part Time Work Disability Discrimination Act 1995

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Parties

NTL Group Ltd

Claimant/appellant

Difolco

Defendant/respondent

Procedural Posture

Appeal From Employment Appeal Tribunal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether the Employment Tribunal properly identified arrangements placing the respondent at substantial disadvantage under section 6(1) DDA
  2. 2 Whether the duty to make reasonable adjustments arose in relation to the Teesside job
  3. 3 Whether the ET's reasoning was legally sufficient

Ratio Decidendi

The Employment Tribunal failed to identify with sufficient clarity the arrangements placing the respondent at substantial disadvantage and did not provide adequate reasoning; therefore, no legal basis existed for imposing a duty to make reasonable adjustments under section 6(1) DDA.

Court Disposition

appeal allowed

Orders

  • Teesside job issue remitted to Employment Tribunal for further determination
  • Other issues remitted as previously ordered by EAT