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Can i ask for a disabled/dedicated bay at work?

2

Comments

  • pogofish
    pogofish Posts: 10,853 Forumite
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    edited 11 August 2012 at 4:07PM
    Yes - An employer can cover abuse of the courtesy by staff under their disciplinary policies, although it is questionable just how far they could go over a non-legal disabled space - Warnings probably?

    What they most certainly can't do is deny access to or refuse to provide a disabled space for an employee who lacks a Blue Badge but otherwise meets the Equality Act definition of disabled and needs one as a "Reasonable Adjustment," nor can they subject them to intrusive extra "examinations" by company doctors for special permits etc - Which was the root of my issues.
  • marlot
    marlot Posts: 5,009 Forumite
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    edited 12 August 2012 at 8:58AM
    wealdroam wrote: »
    Are you saying that an employer cannot restrict access to their private parking bays, or some of their bays, to blue badge holders only?

    I cannot believe that.
    Yes. I am accepted as disabled by my employer but I don't have a blue badge.
  • You absolulutelky can.

    The Equality and Disability Act states employers must make 'reasonable adjustment' to accommodate anyone disabled. When I got cancer, when i was ready to return I told them I could only work part time, they refused to reduce my hours, and i cleaned them out in a Trubunal. You most certainly can compel them. Make sure you are in a Union, or check your house insurance, mind paid for a solicitor and barrister.
    **** I hereby relieve MSE of all legal responsibility for my post and assume personal responsible for all posts. If any Parking Pirates have a problem with my post then contact me for my solicitors address.*****
  • Lum
    Lum Posts: 6,460 Forumite
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    Pogofish is correct here, but anyone who has actually read the leaflet that comes with the blue badge would know this. It applies purely to council run car parks and a few other concessions (e.g. double yellow lines not in London, certain bridge tolls etc.). If you're disabled but do not have a blue badge then feel free to use supermarket ones etc.

    Problem is while you can ask, only a court or tribunal can decide what is reasonable for any given employer, and unless you're prepared to take it that far you're basically stuck with whatever they decide is reasonable.

    Perhaps a compromise arrangement could be to have them reserve the end space for you. For example if you are unloading a wheelchair out of the driver's door (as my GF does) then an end space might be sufficient and would save them having to convert two spaces into one disabled space. This could then be seen as more reasonable.

    Likewise if your disability does not require additional width at the side of the car, e.g. it is just that you are limited in how far you can walk, then a reserved standard space may be more reasonable than a full-size disabled space.

    FWIW, it may be worth applying for a blue badge, you can do this even if you don't get DLA. You'd then have the option of parking on a double yellow near work, providing you don't cause an obstruction of course.
  • pogofish
    pogofish Posts: 10,853 Forumite
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    Yup, the concept of reasonable works both ways here - if the employer can accommodate the OP's disability/need for a space/reasonable adjustment in other ways, then that would be equally acceptable.
  • wazza
    wazza Posts: 2,595 Forumite
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    Thanks for the replies.

    At the interview I did not ask because I thought I was unsuitable for the job. How wrong was I :D

    Yes I do have a blue badge and have no problems parking in a normal width slot.

    If need be I can park on the main road.
    Problem with having access to internet is that i get asked by many to solve their problems :( Well at least i learn something on the way :D
  • chris-j
    chris-j Posts: 341 Forumite
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    If it is based in a retail park, I presume the park has a big car park and as you have blue badge can you check with park management about use of space if there are time restrictions.
  • Strider590
    Strider590 Posts: 11,874 Forumite
    AFAIK for a long time there has been a legal requirement for all new commercial buildings to have a number of disabled parking spaces according to the number of people that will use the site......
    “I may not agree with you, but I will defend to the death your right to make an a** of yourself.”

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  • Lum
    Lum Posts: 6,460 Forumite
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    wazza wrote: »
    If need be I can park on the main road.

    (assuming the main road has double yellows) If possible try to park on a side street where you'll cause less of an obstruction and draw less attention to yourself.

    I'm sure you're already aware from bitter experience that disabled people who do not use wheelchairs are generally accused of being fakers who are abusing the system by this country's collection of idiots, egged on by certain right-wing newspapers and politicians. The last thing you want to do is park in a place that does inconvenience a lot of people and then come back to find your car keyed by some Daily Mail reader who has seen you walking from it.

    It's also worth noting that the blue badge doesn't let you park on any double yellow. You still have to consider whether or not your parking there will cause an obstructions. This depends greatly on the layout of the road, so my post could be completely worthless. For example if the main road has parking bays that are designated as loading only, but at the end of the loading bay there is 1.5 car length's worth of double yellow before the bay actually ends that you can cram your car into.. go ahead!
  • arcon5
    arcon5 Posts: 14,099 Forumite
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    You absolulutelky can.

    The Equality and Disability Act states employers must make 'reasonable adjustment' to accommodate anyone disabled. When I got cancer, when i was ready to return I told them I could only work part time, they refused to reduce my hours, and i cleaned them out in a Trubunal. You most certainly can compel them. Make sure you are in a Union, or check your house insurance, mind paid for a solicitor and barrister.

    'Reasonable' could mean ensuring all staff abide by a policy whereby able-bodied persons do not park in a disabled spot. Not necessarily reasonable to have the company turn parking on its head by offering a dedicated parking spot - which could in fact prevent other staff who could in fact be disabled under the Equality & Disability Act inconvenience when parking.

    Your situation is very different to ops.

    As much as I sympathise with ops situation, I don't feel this is the way op should start a job. Perhaps you can park on a side street and get a taxi for the remainder of the journey if no parking is available?
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