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Parking permit terms and conditions


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is this administered by the NHS themselves or is this a contracted private parking company

if it is they should not be using the word FINE.

 

dx

 

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Which ones do you think may not be legal? 

 

Strictly speaking the reference to the Data Protection Act 1998 should refer to the Data Protection Act 2018 (the 1998 Act has been repealed) but it's of zero practical significance. Other than that I don't see anything that's obviously wrong. (Except the principle of charging NHS staff to park at their workplace but that's a different matter!)

 

You say it's a re-application, so for renewing a permit? Are the T&Cs she's now being asked to sign different to the previous ones?

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DX, We're not sure, my wife works nights and hasn't seen anybody checking the car parks, I'll get her to find out.

 

Ethel Street, the fact that she can be " fined " and the money deducted directly from her wages. I think it's the same form but I never got to look at it the last time.

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The T&C are being incorporated in her contract of employment and there's nothing illegal in principle with an employer being allowed to deduct money from wages if it's in the contract and the employee agrees. Which is why your wife is being asked to sign to confirm she understands and agrees.

 

Understanding your pay: Deductions from your pay - GOV.UK (www.gov.uk)

 

We don't know how much the parking charge is and there might be an issue about whether the amount is reasonable, but I think the principle is legal. As dx has said there's a question over whether this is actually a "fine".

 

Is your wife in a union? Have they given their members advice on this? They'l know the detail better than we do.

 

As a practical matter the hospital won't change the contract just for your wife so if she doesn't agree she won't get a parking permit. Any challenge to the T&C would need to be brought collectively through the unions at the site.

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The word FINE might make it problematic if they are deducting it directly, as yes overpayments might well be OK, but a Fine is criminal and for a FINE to be deducted a Court would need to issue a  Attachment to Earnings order to the Employer.  If its a penalty for breaching a car park term might be dodgy legal ground there.

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