Is it best to exclude any reference in the Employment Contract to Staff Car Parking, if it’s not available to Staff or is it better to include a Car Parking clause that specifically states that Staff Car Parking is not available? (Context is a change to practice where heretofore employees have been allowed park on a first come, first served basis (subject to certain individuals having business priority) and where a Car Parking clause to this effect was included in Contracts. Due to increasing staff numbers, we no longer have capacity to provide this benefit).

It is noted that your car parking arrangements cannot continue as before. This creates two issues - for new hires, it is necessary to be clear as to what, if any, entitlement remains regarding car parking. If no entitlement to parking will exist going forward, then you need to clearly state this in your intranet or staff manual / employee handbook. It should not be referenced in your contractual documents if it is no longer being funded.

The more complicated issue is in respect of those staff members who may have an entitlement to car parking either expressly stated in their contracts of employment, or impliedly by way of custom and practice. In accordance with general principles of