Linsley v HM Revenue and Customs UKEAT/0150/18/JOJ

Appeal against the ET’s dismissal of the Claimant’s claim that the Respondent had failed to make a reasonable adjustment in respect of her disability. Appeal allowed.

The Claimant, who had a disability within the meaning of s 6 Equality Act 2010 which could be aggravated by stress, worked for the Respondent. The Respondent's Occupational Health recommended that the Claimant would benefit from a dedicated parking space "to avoid the stress of looking for a place to park, which aggravated her symptoms". No parking space was made available, and the Claimant brought proceedings for disability discrimination and the failure by the Respondent to make reasonable adjustments. The ET dismissed the Claimant's claims, and she appealed on a number of grounds.

The EAT held that the ET had erred in law in concluding that the adjustments made by the Respondent were reasonable. The case would be remitted to the same ET to reconsider the reasonable adjustment issue.

Published: 01/04/2019 18:10