NTL Group Limited v Difolco: EAT 27 Jan 2006

EAT The employee was made redundant while working a 3-day week, on one day of which she worked at home, after a fall at work. The redundancy pool consisted of the employee and one colleague only; the colleague had less experience in the industry although more experience with the employers. The selection exercise did not take into account the employees previous experience. The Tribunal found that the employers had failed to make reasonable adjustments in relation to the relevant exercise, in the provisions for working from home and in respect of alternative employment and that the employer had been unfairly dismissed in a flawed selection exercise, without proper consultation and efforts to find alternative employment. There was also a finding of part-time worker discrimination.
The Tribunal’s conclusions on the central issue, the selection exercise were flawed because their reasons for so concluding were insufficient, as were their reason for some of the conclusions as to working arrangements. We remitted the issues as to which we allowed the appeal to a fresh tribunal. The appeal as to consultation and alternative employment failed.


J Burke QC


[2006] UKEAT 0120 – 05 – 2701




Updated: 05 July 2022; Ref: scu.240216