Been Refused Disabled Parking at Place of Work

jazabelle

Thanks so much for looking things up for me, it's really kind of you. That second link seems to be more in reference to agency workers, though, which I'm not. I would be classed as a contractor, so I'm not sure if that's different.

jazabelle

I am currently on the phone to a free legal advisor (well on hold!) to see if there are any contractor laws I can quote at them etc!

System

jazabelle wrote: »

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

But didn't you say earlier that they (the council?) terminated the parking contract that your company had? So therefore nobody in your company gets parking.

This goes back to my 2nd point Maybe the council want your company to lease X parking spaces but your company do not wish to do this. Council's attitude may be all or nothing.

If your company does not own any parking spaces to give you then you can not transfer the onus on to a 3rd party surely?

jazabelle

The part you quoted was to the question - is there actually any parking? e.g. am I fighting for something that is actually there, or not? There is parking, I'm just not entitled to it. Do you follow?

And no, that is not the case !!!!!!. They have not offered any spaces at all. My employer fought first of all for parking to be provided in general, but the council said no. They then said could we just have one then please? Again the council said no.

So it's a nothing or nothing situation from the council.

The contract came to an end. My employer wanted to renew it, but were not given the choice.

Actually, it's a bit of complicated situation - almost every other member of staff in my company have been secconded from the council itself, so they will all have parking provided for them by the council, as their contracts are with them. The other members of staff left will have parking paid for them at the public car park.

That just leaves me - I am not a council employee, and I will not be able to walk from the other car park.

bristol_pilot

Could you park in the public car park but insist that your employer provides transport from that car park to the place of work as a 'reasonable adjustment'?

System

I'm not having a go at you but I fail to see how there has been any discrimination by anybody. The council have decided that your company can not use council owned parking - fair enough that is their right.

The employees who are seconded from the council are falling back on their 'true' employer and claiming the parking off them as is their right/privilege.

Those who work directly for your company are using the public car park and being reimbursed.

Your company has done it's best for you by offering to pay for your parking in the public car park. There is nothing more it can do. unfortunately this is not suitable for you.

The council are not obliged to make parking available to your company or yourself, even under DDA, as your company only rents office space and you have no direct connection with the the council.

I am not having any sort of go against the disabled but people have mentioned discrimination. There has been no discrimination however the only resolution possible does not meet the needs.

missile

I would suggest that as they are renting out offices, the council have a legal obligation to consider access for disabled and that would include car parking. I would assume they have provision for disabled visitor parking? Could you perhaps use that facility?

If it were me, I would seek legal advice from an expert. Rather than a free service, it may be money well spent. Do you have legal services included with your home insurance? You could try contacting the council legal department directly.

jazabelle

bristol_pilot wrote: »

Could you park in the public car park but insist that your employer provides transport from that car park to the place of work as a 'reasonable adjustment'?

The problem is the car park is literally at the end of the road. Not far at all, unless you're disabled. So I'm not sure a taxi would take you on a 10 second drive!

In the new year I will be carrying out home visits to customers that I can access easily with my car. Therefore I may need to use my car four or five times a day, so I would need my car to be outside the office, or I won't be able to carry out this role.

Other members of staff work at different times to me, so wouldn't be able to pick me up either.

!!!!!! wrote: »

I'm not having a go at you but I fail to see how there has been any discrimination by anybody. The council have decided that your company can not use council owned parking - fair enough that is their right.

The employees who are seconded from the council are falling back on their 'true' employer and claiming the parking off them as is their right/privilege.

Those who work directly for your company are using the public car park and being reimbursed.

Your company has done it's best for you by offering to pay for your parking in the public car park. There is nothing more it can do. unfortunately this is not suitable for you.

The council are not obliged to make parking available to your company or yourself, even under DDA, as your company only rents office space and you have no direct connection with the the council.

I am not having any sort of go against the disabled but people have mentioned discrimination. There has been no discrimination however the only resolution possible does not meet the needs.

First of all, all I said was - do I have any rights in this situation for contractors to be provided parking in these cirumstances - I didn't say I was going to sue them for discrimination, or anything like that. Their decision will mean I will no longer be able to work at that company - so it is quite a big issue for me, you know?

I have no issues with my company what so ever, I'm aware they have done their best for me.

I actually do think it is discrimination, because the council have the means to enable me to continue working, but they are saying no. No, they don't HAVE to provide me with parking, but it would be nice if they would.

All over their website they say they believe in disability equality, and making sure other companies in the area are removing barriers to access for disabled people, so I think it's quite ironic they themselves don't bother.

They are in partnership with the council, so it's not just that they rent space.

jazabelle

missile wrote: »

I would suggest that as they are renting out offices, the council have a legal obligation to consider access for disabled and that would include car parking. I would assume they have provision for disabled visitor parking? Could you perhaps use that facility?

If it were me, I would seek legal advice from an expert. Rather than a free service, it may be money well spent. Do you have legal services included with your home insurance? You could try contacting the council legal department directly.

I don't think there will be visitor parking, but I'm not sure. I assume they would be able to ticket me if I park their every day though?

The free service was for people on a low income, which I qualified for. They couldn't help me as it wasn't my employer directly. They told me to contact the Equality and Human Rights Commission, which I did. They said my employer should put in a request for parking under the DDA. I have emailed my employer, but she's already had loads of meetings about it, so I don't suppose they will suddenly change their mind.

I don't have any money to pay for legal advice unfortunately. Will have a look at the home insurance.

Thanks for the suggestion about contacting the legal department, will have a look into it.

Duffas27

It appears that your employer has tried to make reasonable adjustments for you.
I suggest you send the letter that someone kindly wrote for you and take things from there.

It must be very frustrating for you and i sympathise, keep a cool head and i'm sure it'll get sorted.