In Adamczyk v East Sussex County Council the claimant was off ill for depression from Summer 03 to Spring 04. When she tried to come back in a phased return to work she was told that her post was no longer necessary. It does sometimes happen that employers only realise that they are overstaffed when someone is off sick or on maternity leave. In this case the Tribunal decided that the real reason was that they didn't want the aggro of dealing with a depressive employee. The give away was the fact that the School were advertising to recruit for almost the same post as the Claimant. This is a big warning against using the dodge of a "redundancy" to get round the Disability Discrimination Act.