Been Refused Disabled Parking at Place of Work

jazabelle

I'm in a bit of a difficult situation. I work for a company, and they rent office space from the local council. My employer had a contract with the local council for shared parking, so there hasn’t been a problem for the two years I’ve worked there.

In December they are moving offices though, and we are going with them. They say the contract for parking has come to an end and they will no longer provide parking at the new building. My manager said okay, but could you please provide one parking space for us, as we have a blue badge holder with bad mobility problems? They've just come back and said no.

She explained to them I may not be able to work without a parking space, particularly on my bad days, but they aren't interested.

It's a difficult situation, because they aren't my employer - so they don't have to provide reasonable adjustments, right?

Do I have any rights in this situation?

My employer said perhaps I could park in a public car park and they would refund me, but obviously it’s much further away than the office parking, and I can barely walk at all on my bad days. My condition also causes quite severe memory problems, so I worry about remembering to pay for parking every day. I know they probably will just say tough luck to this, but it’s really going to cause me a lot of stress and worry. I also probably won’t be paid back until the end of every month, which means I will have to find all this extra money to pay for it.

When I took the job, it was on the understanding of being able to use the disabled parking directly under the building, with a lift up to my office.

I was thinking of writing a letter to the decision makers, asking them to explain why they have made this decision, particularly when all over their website they say they’re all for disability equality and the fight against discrimination – but I don’t suppose it will do a lot!

maninthestreet

Contact you local councillor, as well as your MP.

jazabelle

I have written a letter to the man in charge of this decision. What do people think? Any changes/suggestions please?

Dear XXX

I understand that as I am not a council employee and work for [name of my employer], I am not going to be provided with disabled parking at [name of new office], despite being a Blue Badge holder. When I took undertook employment with [my employer] two years ago, it was with the understanding I would be able to park underneath [name of office] and access the office via a lift.

I am very concerned with the decision that has been made not to provide disabled contractors with parking. Please understand that not being able to park close to the office will have a considerable impact on my working day, as to walk any distance causes severe pain. This means on particularly bad days, I will not be able to work at all and having to walk further every day will lead to having many more bad days than I currently do, therefore have a long-term impact on my health.

I find it interesting to note in [name of council] Council’s Disability Equality Scheme, says that their very first objective is, “Removing barriers to accessibility and participation, particularly in relation to employment and access to services, information and buildings.” How can you possibly say you are following this objective, when you are very clearly putting up barriers to accessibility for employment?

With my personal situation, I only work one day a week, and at most two days a week, so I would not be taking up a disabled space full time. I understand there are only six Blue Badge holders in the entire council, so I cannot believe it is due to lack of disabled parking spaces.

I would ask that the council first explains their reasoning to me for not providing contractors that are Blue Badge holders with parking, which after all is going to be a negligible percentage. Secondly, I ask that the council reconsiders this discriminatory decision, to enable me to carry on working, and to continue having as much as a normal life as I possibly can.

I look forward to hearing your response.

Yours sincerely

Me

jazabelle

maninthestreet wrote: »

Contact you local councillor, as well as your MP.

Thanks for the advice. I think I will send the letter above off, and if his response is unsatisfactory, I will then send copies to anyone I could possibly think of in the council, including the head of the council, head of the cabinet, the disability access officer, etc. If still I get nowhere, I will then send a letter to my MP/counciller etc, and get them involved.

Quite honestly, I don't see them budging - they're particularly stubbon when they've made their minds up, but I want to try and fight it at least.

buftymctufty

Is there anything in your contract that states you are entitled to a parking space (disabled or not?)

jazabelle

buftymctufty wrote: »

Is there anything in your contract that states you are entitled to a parking space (disabled or not?)

It is a company policy to provide parking, yes, and as I put in my post they will pay for me to park at a public car park. My problem is this is too far for me. There is nothing my employer can do - they have fought for me to have a space closer, but been denied.

My issue is with the council, as I have no contract with them - as they are not my employer, but my employers landlord, as it were. My post was asking if I had any rights to fight their decision?

If it was a case of my employer denying me parking, I'd have loads of rights on my side, such as the Disabled Discrimination Act, and the fact they have to make reasonable accommodations for a disabled member of staff. But it is not my employer denying me.

System

I can't see how you have been 'refused' parking. Your company, in their new location, do not have any parking so it has not been refused.

You might find that your company is not in a position to rent just one parking space or the charges for it are punitive.

jazabelle

!!!!!! wrote: »

I can't see how you have been 'refused' parking. Your company, in their new location, do not have any parking so it has not been refused.

You might find that your company is not in a position to rent just one parking space or the charges for it are punitive.

My company have not refused me parking, I never said that. The council have refused me parking, when my company put in a specific request for one disabled parking space, and the council came back with a 'no'. That is the refusal.

My company would be HAPPY to pay for the parking, and will do so in a public car park. There is no issue of cost, as it is company policy to provide parking.

The issue is that I will not be able to walk to my place of work from that car park as it is too far.

There is plenty of car parking space at the office - but the council have said they will not provide the single disabled parking space they has been requested.

I am now trying to see if I have any way of trying to get them to say yes, as I will likely not be able to work unless parking is provided.

ShockingPink

I'm assuming there actually is parking at your new building? If so, the council might still be breaking the law by discriminating against you unfairly.

[contractors have...] the right not to be discriminated against on unlawful grounds

- Business Link website

ETA Here's the link to the contracting organisation's obligations towards you. Hope this helps!

jazabelle

ShockingPink wrote: »

I'm assuming there actually is parking at your new building? If so, the council might still be breaking the law by discriminating against you unfairly.

- Business Link website

Yes indeed there is. There is a big car park surrounding the office.

Thank you very much for that link. Perhaps I should quote that in my letter?

ShockingPink

jazabelle wrote: »

Yes indeed there is. There is a big car park surrounding the office.

Thank you very much for that link. Perhaps I should quote that in my letter?

It could be a good idea, but I've just found this- says essentially the same thing - on the Direct Gov website which might have more clout with a local authority.