Are employers supposed to provide disabled bays? Parking at work!

[chunkybum17]

First things first, here are the facts.

I have worked at my current workplace for 3 years after initially declining the job due to the fact i didnt think they would be able to accomodate my disability, they imediately re offered me the post accomodating my working needs.

I have been a blue badge holder since a child.

The company i work for has 60+ staff and a £22 mil annual profit so its pretty huge.

There are roughly 30/40 car parking spaces adjacent to the work building.

I start work one hour later than all other employees so im the last on the carpark.

Public transport is not an option due to location.

 

Parking at work has never really been too much of an issue before now.

 

I was hospitalised for two weeks and during this time management sent out an email asking employees

to not park in any of the designated five spaces in front of the main doors to the building because it looked 'messy'.

 

They advised staff to park in a public carpark 100m up the road once staff carpark was full.

 

On my return to work I continued to park in a space directly in front of the building due to decreased lung function and always displayed my blue badge.

 

I had never felt the need to use this or mention I hold a badge before now as this is where I had always parked without issue.

I knew I was being naughty but thought I would wait until they said something.

 

About a week later, they did.

 

I was called into the office and was told that no employees no matter on the circumstances were to park in these spaces and I would have to park up the road on the public carpark.

I explained to them that after my hospitalisation (for a genetic form of chronic lung disease) I struggled to walk 10 metres without difficulty

and there is no physical way that my body could carry me 100m.

I suggested a disabled bay, they declined and suggested that on my arrival I ask other members of staff to move their car,

which due to the embaressment I feel very uncomfortable doing beacuse it seems pure cheek.

 

My condition is a deteriorating condition so it will never get better, it can only get worse so this is not temporary.

I will one day have to give up work completely if I contuine to deteriorate at the rate I have been, which my bosses know, and I feel like I am being pushed out of the company.

 

My condition does not at all affect my ability to do the job required in any way.

 

Do I have any rights, do they need to provide a disabled bay for disabled employees? How can I get around this other than quitting?

 

Thanks!

[sailor sam]

Hello and welcome to CAG.

 

My take is that they accepted your disability when they gave you the job and they should appreciate your situation. So I would think that they should provide you with a space otherwise you may have a case of 'constructed dismissal' should you be forced to leave. I suggest you speak to an employment solicitor.

[dx100uk]

yes i think they are under employers rules and DDA rules

 

dx

[peanutsallergy]

The Equality Act requires them to make "reasonable adjustments"

 

http://www.legislation.gov.uk/ukpga/2010/15/contents

 

have a look at both section 4 and 5

 

I would suggest that would be making a reserved space for yourself, either in front of the building, or if you agree, the closest space next to the five that still provides you with access.

If there is a union they should help, but you should also make HR aware of the situation.

It doesn't need to be a "disabled space", as anyone could use it, it has to be exclusive for yourself, as you need to park there to get into work.

[peanutsallergy]

http://www.acas.org.uk/index.aspx?articleid=1859

 

 

The Acas helpline can advise here as well.

[chunkybum17]

Thanks guys

[stu007]

Hi

 

These links from the Equality and Human Rights Commission will be of use:

 

EHRC Employers Guidance - http://www.equalityhumanrights.com/advice-and-guidance/guidance-for-employers/

 

EHRC The Duty to make Reasonable Adjustments for Disabled People - http://www.equalityhumanrights.com/advice-and-guidance/guidance-for-employers/the-duty-to-make-reasonable-adjustments-for-disabled-people/

 

Also this PDF from EHRC:

Edited February 3, 2013 by stu007

[ericsbrother]

Yor employer obviously hasnt tought through this one, suggest you follow it up via Equalities Act legislation with regard to "reasonable adjustments to the workplace". Wont cost them anything so I dont see why they havent put up a sign to indicate a reserved space.

[postggj]

moving aside from employees and reasonable adjustments for the moment

 

what about if a company has a private road that members of the public have access to. Being a private road, does the employer have a legal obligation to provide a disabled bay provisions to disabled customers who trade with the business (employer) and are the rules different if that employer is a public owned company.

[peanutsallergy]

moving aside from employees and reasonable adjustments for the moment

 

what about if a company has a private road that members of the public have access to. Being a private road, does the employer have a legal obligation to provide a disabled bay provisions to disabled customers who trade with the business (employer) and are the rules different if that employer is a public owned company.

 

It's "reasonable adjustments" still.

As many posters say, disabled bays are merely graffiti.

 

If it's a large company that expects disabled customers every day, such as Tesco's, it's reasonable to expect then to put in disabled bays however as it's an instantly recognisable way to meet the need, and the number will depend on the size of the carpark, and the number of customers. There are normally guidelines on how they lay it out in the planning stage.

 

It isn't compulsory (hence the statements that BB have no standing on private car parks, and disabled bays are just graffiti), they could attempt to invent a different scheme of their own, but anyone that does implement a system that is used by every council, and most other types of businesses running similar large car parks will never lose in court for non compliance to the Equality Act, whereas an untested scheme is fraught with danger.

No disabled charity has ever felt the need to challenge the use of the disabled space and blue badge scheme in a private car park.

 

So they are an ideal system to voluntarily implement, even if they aren't compulsory.

Further compliance can be shown by "policing" them in the same way councils do.

And there is no law saying they can't use the system if they choose to use it, so it's a no brainer for them really.

 

 

If it's a single building, and normally no customer visits, it would be acceptable to ask the customer to give them notice if they need any special facilities, such as parking, then cone off a space, or move the directors car to let them park if they can phone from the carpark when they arrive.

 

For the rest, anything between.

 

But the business always needs to know a customer is disabled first, and so can allow for it. Hence Tesco's deciding that is best conveyed by the BB, but they could be made aware in other ways, and would then have to allow for it. Being "disabled" wouldn't automatically qualify though, disabled bays are usually an adjustment for customers with, for example, limited mobility, or other need that specifically qualifies for this particular adjustment.

 

Public companies are the same as any other, but some, such as hospitals, have had policies for many years, before the Equality Act.

(And it included the requirement for a BB to use disabled spaces, but made allowance for non badge holders to access parking if they had limited mobility. As far as I'm aware, no one has ever challenged them in court over it, and they still have the same policy now.)

Edited February 5, 2013 by peanutsallergy