The EAT said that if an employer had a policy to make a particular adjustment, considerable weight would be attached to this in deciding whether it was reasonable.
The employer in this case had a policy of giving someone a parking space if recommended by OH.
The claimant had ulcerative colitis, which could lead to a urgent sudden need for a bowel movement, and could be aggravated by stress. OH recommended she have a dedicated parking space at work. However she was not given one when she moved to new offices.
Her reasonable adjustment claim was dismissed by the employment tribunal. However the EAT held the tribunal had not given sufficient weight to the employer’s failure to observe its own policy, which the tribunal had described as non-contractual, discretionary. The case was referred back to the tribunal for reconsideration.
The case is Linsley v HMRC, www.bailii.org/uk/cases/UKEAT/2018/0150_18_0712.html