Can a parking space be a reasonable adjustment?

Disability rights

The Employment Appeal Tribunal (EAT) recently dealt with an interesting parking issue in the case of The Environment Agency v Donnelly 2013 . Mrs Donnelly (D) suffers from osteoarthritis and spondylitis which severely affect her hip, back and knees. Under her contract of employment D was entitled to work flexitime hours and could arrive at work any time before 10.00am.

Arguments over parking

The Environment Agency (EA) had a large main car park on its site which all staff could use. There was an overflow car park situated ten minutes away by foot. D tended to arrive at work at 9.30am and by this time all the parking spaces in the EA’s main car park were usually full. As a result D had to regularly park in the overflow car park and walk to the EA on uneven surfaces which posed a significant danger to her.

Allocate me a space

D argued that, due to her disability, the EA ought to have allocated her a permanent space in the main car park. She felt that this would be a reasonable adjustment in light of her medical condition. The EA countered that D could come into work at 9.00am - which, as she worked flexitime, would not have the effect of extending her working hours - as at this time there would be parking spaces readily available in its main car park. Alternatively, the EA offered to arrange lifts for D to and from the overflow car park or the use of a disabled space in the main car park, provided she moved her car if a badge holder needed it.

Problematic solution

An ergonomic expert was asked to prepare a report and noted that D was unable to walk on uneven or slippery surfaces which meant walking from a parking location other than the main car park was problematic for her. The expert specifically recommended a “ suitable parking space in the main car park” . When this was not forthcoming, D alleged disability discrimination at the tribunal.

Upheld the claim

The tribunal found that the EA had applied a “provision, criterion or practice” that placed D, a disabled person, at a significant disadvantage and, having been made aware of this fact, the EA had failed to make reasonable adjustments for her. The EA appealed this ruling on the basis that D could have remedied the issue herself by getting into work a bit earlier. The EAT said this point was “irrelevant” as D had the contractual right to come into work at any time within her flexitime arrangement. Therefore, it was not for her to make changes to her working pattern but for the EA to make the reasonable adjustments.

Tip 1. This case does not impose a general obligation on employers to provide parking spaces for disabled employees - the EA lost this case because it had parking facilities at its disposal yet failed to make them available to D.

Tip 2. If you don’t have any parking available at your workplace and it would be prohibitively expensive to obtain an allocated space for a disabled employee - which is likely in most areas - they won’t be able to claim discrimination.