When a member of staff asks for reasonable adjustments, managers need to make sure that they are aware of relevant internal policies and procedures. Failing to do so could result in a successful disability discrimination claim, as illustrated in Linsley v Commissioners for Her Majesty's Revenue and Customs.

Mrs Linsley had a disability that meant she needed to be able to park close to the entrance to her office. Occupational health recommended this as a reasonable adjustment and she was initially provided with a guaranteed parking space. However, when her work location changed she was not provided with a dedicated space, in part because she did not have a disabled parking badge. She claimed that this was a failure to make reasonable adjustments.

The tribunal rejected the claim, finding that other steps the employer had taken amounted to reasonable adjustments and that the parking policy was only discretionary. The EAT overturned the decision on appeal. The parking policy recognised that occupational health could recommend that an employee be given a dedicated parking space, even if they were not a disabled badge holder. An adjustment envisaged by an employer's policy was likely to be a reasonable adjustment, unless there was a good reason to depart from the policy, and the discretionary status of the policy was irrelevant when deciding whether an adjustment was reasonable. In this case, the employer had not acted in accordance with the policy because the relevant managers were not aware of it. That was (obviously) not a good reason for failing to follow it. The reasonable adjustments claim was remitted for further consideration. 

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