Reasonable adjustments (again): employer should have allocated parking for employee
The claimant in The Environment Agency v Donnelly suffered from osteoarthritis and spondylitis, affecting her knees, back and hip. She was entitled under her contract to work flexitime hours; she could arrive at work any time before 10am. The workplace had a large main car park that tended to be full by 9.30am but that generally did have spaces at 9am. The claimant chose to arrive at work (as she was entitled to do) at 9.30am, by which time the car park was full. There was an overflow car park, which was an extra 10 minutes’ walk away.
The claimant maintained that it would have been a reasonable adjustment for her to have been given an allocated car parking space in the main car park so that she would not have to walk the extra distance in all weathers and on surfaces that might pose a danger. The employer countered that it was open to the claimant to come to work at 9am (which she could do, without working longer hours, because she worked on a flexitime basis), at which time there would be a parking space. Alternatively, she was offered an arrangement by which she could get lifts to and from the more distant car park or could use a disabled space provided she moved her car if a badge holder needed it…
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