Employee Off Site Parking Rights

A.Galloway

zzzLazyDaisy wrote: »

Yes you are right, that would be an unfair dismissal, and rightly so. What they do in their own time is their own business (with a few exceptions).

Indeed. So I could never impose that employees don't park on nearby roads.

zzzLazyDaisy wrote: »

On the other hand, where a business has employees who make a habit of parking in local roads close to the business premises, and the local residents are complaining about this, the employer might decide to issue an instruction to its employees not to park on the roads where they are getting complaints about. That does not amount to a change of contract or a breach of contract.

The employer might ASK employees not to park there, but he can't dismiss an employee if they continue.

It wouldn't be a breach of contract because it could never be included in an employment contract. One's parking has nothing to do with employment.

zzzLazyDaisy wrote: »

Most employees will comply with the instruction. Some may decide that it is a breach of their human rights or whatever, and continue parking there. It would be up to the employer to decide whether to discipline them or not - on the basis that there is no grounds for external appeal to tribunal for lower warnings, only for dismissal, some would, some would not.

And the tribunal would rule in the employees favour and I would have to pay out over £100k a case.

zzzLazyDaisy wrote: »

Frankly, if you have an employee who is willing to go all the way through the disciplinary procedure to the extent of getting himself dismissed, just to prove a point, there are probably other authority related problems with that employee, and the employer probably won't have much difficulty finding some other reason for the dismissal.

My father stood up to the Germans just to prove a point. A point that one's civil liberties must be protected at all costs. I'd hate to think my father died for nothing when employers can dictate to employees out-with work.

A.G

A.Galloway

Uncertain wrote: »

Yes, imposing your extreme 50 mile example would certainly result in successful unfair dismissal claims.

However a rule that prohibited parking within say a quarter of a mile would be perfectly enforceable, certainly for new staff.

Where would the line be drawn? I don't know, like all things it depends on what is "reasonable".

As Lazy Daisy has pointed out the bottom line is that an employee would have to challenge this at a tribunal to find out. Either way they would have no job, they might or might not get some compensation.

And it is "unlawful" not "illegal", that relates to the criminal law!

It's not extreme. From what your saying, I could dictate to employees whatever I wanted out-with work. I can't see how it's unreasonable going by your way of thinking...

A.G

zzzLazyDaisy

A.Galloway wrote: »

And the tribunal would rule in the employees favour and I would have to pay out over £100k a case.
A.G

Well, if nothing else, it is good to see that you have such a prosperous business with such highly paid employees, given the current economic downturn.

Edit: according to Govt Stats the median award for unfair dismissal in 2010/11 was £4591

A.Galloway

zzzLazyDaisy wrote: »

Well, if nothing else, it is good to see that you have such a prosperous business with such highly paid employees, given the current economic downturn.

Who said anything about highly paid employees?

A.G

Uncertain

jimjames wrote: »

My understanding is that an employer does not have the right to contact DVLC to ask for registered keeper details, which incidentally may not be the person driving the car to work.

Indeed, but as I pointed out a while back (before A.Galloway's nonsense) if they are really bothered the could get somebody to stand in the road and see who gets out of what car.

Uncertain

A.Galloway wrote: »

And the tribunal would rule in the employees favour and I would have to pay out over £100k a case.

Oh for heaven's sake get a grip!

The average UD payout is nearer £5K. The occasional headline grabbing figure is invariable for unlawful discrimination (and no, before you go off on another one, this wouldn't be)!!!

zzzLazyDaisy

A.Galloway wrote: »

Who said anything about highly paid employees?

A.G

They would have to be to get that sort of compensation.

You do know how UD compensation is calculated, right?

A.Galloway

Uncertain wrote: »

Oh for heaven's sake get a grip!

The average UD payout is nearer £5K. The occasional headline grabbing figure is invariable for unlawful discrimination (and no, before you go off on another one, this wouldn't be)!!!

Calm down or visit a doctor.

I don't pay statutory. Let's just say I have very loyal staff who have worked for me for 30-40 years, with most on a salary of £45k.

I make sure my staff are well looked after!

A.G

A.Galloway

zzzLazyDaisy wrote: »

They would have to be to get that sort of compensation.

You do know how UD compensation is calculated, right?

Certainly not!

Yes.

A.G

C_Mababejive

Employers can dictate what they like and you will have to comply unless you make a stand..simples.