ET failed to focus on anxiety suffered by employee with colitis who was denied a parking space 

In Linsley v Commissioners for Her Majesty’s Revenue and Custom, L has ulcerative colitis, which can manifest itself in a sudden and urgent need for a bowel movement. L drove 17 miles to work. HMRC’s Occupational Health Service stated that L would benefit from a dedicated car park space.
stress

In Linsley v Commissioners for Her Majesty’s Revenue and Custom, L has ulcerative colitis, which can manifest itself in a sudden and urgent need for a bowel movement. L drove 17 miles to work. HMRC’s Occupational Health Service stated that L would benefit from a dedicated car park space as she needed quick access to the toilet, particularly as her lengthy commute can cause issues with continence, which in turn create issues with anxiety. HMRC policy gives priority to those staff members requiring a parking space as a reasonable adjustment, but while L had been given priority at other sites, she was not provided with a dedicated space when she moved to the Benton Park View site, even though she had complained. The EAT ruled that the ET’s rejection of L’s failure to make reasonable adjustments claim could not stand. The ET had found that HMRC had failed to comply with its own parking policy but rejected it as a factor because the policy was discretionary and not contractual, but a policy does not have to be contractual in determining whether or not an adjustment is reasonable. Furthermore, the ET failed to focus on the particular disadvantage L suffered, i.e. the stress of having to look for a parking place.


The updates are kindly provided by Simons Muirhead & Burton Law firm

This update provides summary information and comment on the subject areas covered. Where employment tribunal and appellate court cases are reported, the information does not set out all of the facts, the legal arguments presented and help judgments made in every aspect of the case. Click on the links to access full details. If no link is provided, contact us for more information.  Employment law is subject to constant change either by statute or by interpretation by the courts. While every care has been taken in compiling this information, SM&B cannot be held responsible for any errors or omissions. Specialist legal advice must be taken on any legal issues that may arise before embarking upon any formal course of action.

Read more

Latest News

Read More

Revealed – unbelievable real workplace safety fails

3 July 2025

Newsletter

Receive the latest HR news and strategic content

Please note, as per the GDPR Legislation, we need to ensure you are ‘Opted In’ to receive updates from ‘theHRDIRECTOR’. We will NEVER sell, rent, share or give away your data to third parties. We only use it to send information about our products and updates within the HR space To see our Privacy Policy – click here

Latest HR Jobs

Queen Mary University of London – Health and Safety DirectorateSalary: £43,677 to £51,040 per annum This provides summary information and comment on the subject areas

University of Cambridge – Human Resources DivisionSalary: £33,482 to £39,355 per annum This provides summary information and comment on the subject areas covered. Where employment

University of Cambridge – Department of PathologySalary: £35,116 to £45,413 per annum This provides summary information and comment on the subject areas covered. Where employment

University of Exeter – PS ConnectSalary: The starting salary will be from £27,644 per annum pro rata on Grade D, depending on qualifications and experience.

Read the latest digital issue of theHRDIRECTOR for FREE

Read the latest digital issue of theHRDIRECTOR for FREE